Noel Acosta v. in Re: Guardianship of Mayra Acosta
CourtDistrict Court of Appeal of Florida
Date FiledMarch 25, 2020
Docket3D19-1594
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed March 25, 2020.
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No. 3D19-1594
Lower Tribunal No. 17-3536
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Noel Acosta,
Appellant,
vs.
In Re: Guardianship of Mayra Acosta,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Rosa C. Figarola,
Judge.
Law Office of Lance A. Garrett, P.A., and Lance A. Garrett (Fort Lauderdale),
for appellant.
Young, Berman, Karpf & Gonzalez, P.A., and Andrew S. Berman and Jamie
L. Webner, for appellee.
Before EMAS, C.J., and GORDO and LOBREE, JJ.
GORDO, J.
ON CONFESSION OF ERROR
Noel Acosta appeals the trial court’s final judgment finding him guilty of
contempt for willfully, wantonly and contemptuously failing to comply with a court
order in this guardianship case. Mr. Acosta argues that the order was vague and
ambiguous, and that there was no evidence he intentionally violated the court’s
order.
“[A] party cannot be sanctioned for contempt for violating a court directive or
order which is not clear and definite as to how a party is to comply with the court’s
command.” Ross Dress for Less Va., Inc. v. Castro, 134 So. 3d 511, 523 (Fla. 3d
DCA 2014); see Northstar Invs. & Dev., Inc. v. Pobaco, Inc., 691 So. 2d 565, 566
(Fla. 5th DCA 1997) (“A party may not be held in contempt of court for violation of
an order . . . which is not clear and definite so as to make the party aware of its
command and direction.”); Kranis v. Kranis, 313 So. 2d 135, 139 (Fla. 3d DCA
1975). It is also an “essential element of contempt” that there be an “intent to violate
the relevant court order.” Northstar, 691 So. 2d at 566 (citing Paul v. Johnson, 604
So. 2d 883 (Fla. 5th DCA 1992)).
On confession of error, Appellee concedes she cannot in good faith defend the
contempt citation as there was enough ambiguity to support Appellant’s
interpretation of the order and his objective conduct was consistent with this
interpretation.
Reversed and remanded.
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