PATIERNO v. STATE

No. 80-878.

391 So.2d 391 (1980)

Michael D. PATIERNO and William S. Ellis, Jr., Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 24, 1980.


Attorney(s) appearing for the Case

John W. Boult, Tampa, for appellants.

Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Chief Judge.

Does an employer's refusal to pay an employee's salary while the employee serves as a juror furnish a proper basis for holding the employer in contempt? We hold that it does not and reverse.

Robert Heilmann was empaneled as one of three alternate jurors for a criminal trial in circuit court. When Heilmann informed the trial court that he could not serve because his employers would not continue his salary during this service, the court excused...

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