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SHOOK v. ALTER

No. 98-2375.

729 So.2d 527 (1999)

Joseph S. SHOOK, Appellant, v. Jack ALTER, individually and as former trustee of the Ruth Alter Trust, Fischler & Friedman, P.A., his counsel, Fleet Clearing Corporation, and Greenberg, Traurig, P.A., its counsel, Appellees.

District Court of Appeal of Florida, Fourth District.

April 14, 1999.

Attorney(s) appearing for the Case

Sheridan K. Weissenborn of Papy & Weissenborn, P.A., Coral Gables, for appellant.

Michael A. Fischler of Fischler & Friedman, P.A., Fort Lauderdale, and Craig S. Barnett of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Fort Lauderdale, for appellees.

KLEIN, J.

The issue we address in this case is whether a lawyer representing a party in a proceeding was properly found to be in civil contempt. We conclude that although the trial court thought it was holding appellant in civil contempt, it was in actuality criminal contempt which the court was imposing. Because due process requirements for criminal contempt were not followed, we reverse.

Appellant represented one...

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