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GIVNER v. STATE

No. 89-1996.

559 So.2d 466 (1990)

Eugene GIVNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 25, 1990.

Attorney(s) appearing for the Case

R.H. Bo Hitchcock of Hitchcock & Cunningham, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Joan Fowler and Deborah Guller, Asst. Attys. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse and remand with direction to rehear the matter pursuant to reasonable notice. Any contempt of appellant for failure to answer a state attorney's questions pursuant to subpoena outside of the court's presence would be indirect, not direct, contempt. See Fla.R.Crim.P. 3.830. Serving the order on the 26th for a contempt hearing on the 29th was insufficient notice. See Goral v. State, 553 So.2d 1282

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