McATEE v. STATE

No. 4D04-694.

899 So.2d 1245 (2005)

Rosanne McATEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 20, 2005.


Attorney(s) appearing for the Case

Howard Finkelstein, Public Defender, and Donald J. Cannarozzi, Assistant Public Defender, Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

We reverse Appellant's conviction for indirect criminal contempt of court for violating an injunction that prohibited contact with her former husband, John McAtee (John). The procedure followed by the trial court erroneously placed the burden on Appellant to prove that she should not be held in contempt.

At an earlier hearing on John's motion for contempt, the court took a sworn statement from John that resulted in an order to show cause to Appellant...

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