HomeMy WebLinkAbout0364 - ~ _
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4030
- IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT,
IN AND FOR SAINT LUCIE COUNTY,
FLORIDA.
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t
CASE N0. 79-218
RALPH FLOWERS, ) _ ~
Appellant, )
v• - ) OPINION ON APPEAL
-STATE OF FLORIDA, -
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Appellee. ) -
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The Appellant, a practicing attorney, was found guilty of
contempt and stenenced by the County Judge to reimburse a civil
litigant fifty dollars for lost salary. -
It appears from the evidence that the Appellant ca11Fd the
Clerk's office, obtained a time for a small claims hearing, and- -
- informed his client and the defendant that the hearing was set
for_February 19, 1979, at 1:30 P.M. When all-three appeared at
that-time, a Monday, it was. ascertained that the correct date -
should have been February 20th, a Tuesday.
' The County Judge then directed the Sheriff to serve notice of
a contempt hearing upon the Appellant and ordered the .State Attorney
to appear and prosecute. Appellant appeared with counsel and sug-
gested the disqualification of the judge, moved to dismiss the notice,
and sought a statement of particulars. The Court declined to recuse
himself, denied the motion to dismiss, ruled on the motion for-a
r and roceeded with the trial.
statement of particula s, p
Testimony was taken from the Judge's secretary, but this was
not recorded. Testimony was also taken of two deputy-clerks who could
not remember taking the call but said they would not have given a -
Monday hearing time as Tuesday afternoons are reserved for Small
Claims cases. The State rested and Appellant moved for dismissal.
This was denied by the Court.
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