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GARCIA v. PINELLAS COUNTY

No. 85-29.

483 So.2d 443 (1986)

Martin L. GARCIA, Charles H. Martin, and W.H. Martin, Appellants, v. PINELLAS COUNTY, a Political Subdivision of the State of Florida, H. George Wilde, Marjorie H. Wilde, James F. Martin, and Patricia Martin, Husband and Wife, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 19, 1986.

Attorney(s) appearing for the Case

John A. DeVault, III and Michael D. Whalen of Bedell, Dittmar, DeVault, Pillans & Gentry, P.A., Jacksonville, and Robert E. Banker and Chris W. Altenbernd of Fowler, White, Gillen, Boggs, Villateal & Banker, P.A., Tampa, for appellants.

John T. Allen, Jr. and Christopher P. Jayson of John T. Allen, Jr., P.A., and Michael J. Keane of Parker, Parker, Bitting, Keane & Hayes, St. Petersburg, for appellee Pinellas County.

John W. Berry, Pinellas Park, for appellees H. George Wilde, Marjorie E. Wilde, James F. Martin, and Patricia Martin.

PER CURIAM.

Appellants, Charles H. Martin, W.H. Martin, and their attorney, Martin L. Garcia, appeal their judgments and sentences for indirect criminal contempt for refusing to comply with a court order. They contend that there was insufficient evidence of intent to act contemptuously and that the trial judge should have disqualified himself from presiding at the contempt hearing pursuant to Rule 3.840(a)(5), Florida Rules of Criminal Procedure. We agree with appellants...

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