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FEATHERSTONE v. MONTANA

No. 96-1919.

684 So.2d 233 (1996)

Janice Reta FEATHERSTONE, a/k/a Janice Reta Montana and the State of Florida, Appellants, v. Peter MONTANA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 8, 1997.

Attorney(s) appearing for the Case

Franklin & Marbin and Barry S. Franklin, Miami, and Catherine J. MacIvor, Fort Lauderdale; Robert A. Butterworth, Attorney General and Wanda Raiford, Assistant Attorney General, for appellants.

Guy Spiegelman, Miami, for appellee.

Before COPE, FLETCHER and SHEVIN, JJ.

COPE, Judge.

Janice Reta Featherstone appeals an order dismissing her petition for indirect criminal contempt. The question before us is whether the Double Jeopardy Clause prohibits a proceeding for indirect criminal contempt in a matrimonial action where the appellee husband, Peter Montana, had previously been incarcerated for civil contempt for the same conduct. We conclude that the Double Jeopardy Clause does not bar the indirect criminal contempt action and reverse...

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