Miltenberg, Courtney:  Nesenoff & Miltenberg LLP together with Jeffrey Lichtman Wins Appellate Reversal of Contempt Order and Writ of Bodily Attachment in Florida Third DCA

Nesenoff & Miltenberg LLP secured a significant appellate victory in the Florida Third District Court of Appeal, which granted certiorari and quashed a trial court’s contempt order and writ of bodily attachment that had authorized incarceration as a civil contempt sanction. The appellate court held that such sanctions cannot stand where the trial court fails to make the required findings regarding the alleged contemnor’s present ability to comply with purge conditions and does not provide a reasonable opportunity to purge the contempt. 

The appeal was handled by Andrew T. Miltenberg and Kimberly S. Courtney of Nesenoff & Miltenberg LLP, together with Jeffrey Lichtman of the Law Offices of Jeffrey Lichtman and Florida local counsel Patrick J. O’Connor of O’Connor Hernández & Associates.

“The order at issue authorized the arrest and incarceration of a litigant over a civil dispute involving discovery and private judge fees,” said Courtney. “The Third District Court of Appeal correctly enforced core due process protections by holding that a court cannot jail someone for civil contempt without first finding that the person actually has the present ability to comply with the purge conditions.”