Opinion

Carolyn McCormick v. Janis E. Brown and Terence M. Brown

Court
District Court of Appeal of Florida
Filed
Jul 10, 2024
Status
Published
Cited by
0 cases
Authority
More cited than 30.3%

noting that a trial court may assess “a ‘compensatory fine’ to be paid by the wrongdoing party to the party injured” when a “violation of the [equitable] decree has resulted in damages to the injured party”

How later courts described this case

  • noting that a trial court may assess “a ‘compensatory fine’ to be paid by the wrongdoing party to the party injured” when a “violation of the [equitable] decree has resulted in damages to the injured party”
  • “Furthermore, in order for an argument to be cognizable on appeal, it must be the specific contention asserted as legal ground for the objection, exception, or motion below.”
  • noting a trial court’s “unquestioned authority to order a civil contempt fine to compensate for losses sustained,” which is to “be based on evidence of the injured party’s actual loss” (internal quotation and citation omitted)
  • regarding a civil-contempt order, “where an error by the court appears for the first time on the face of a final order, a party must alert the court of the error via a motion for rehearing or some other appropriate motion in order to preserve it for appeal”

Written by the judges who cited it.

The opinion

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2023-0144

_____________________________

CAROLYN KOWALSKI n/k/a

CAROLYN MCCORMICK,

Appellant,

v.

JANIS E. BROWN and TERENCE

M. BROWN,

Appellees.

_____________________________

On appeal from the Circuit Court for Alachua County.

Susanne Wilson Bullard, Judge.

July 10, 2024

PER CURIAM.

AFFIRMED. See Parisi v. Broward Cnty., 769 So. 2d 359, 366

(Fla. 2000) (noting a trial court’s “unquestioned authority to order

a civil contempt fine to compensate for losses sustained,” which is

to “be based on evidence of the injured party’s actual loss” (internal

quotation and citation omitted)); S. Dade Farms, Inc. v. Peters, 88

So. 2d 891, 899 (Fla. 1956) (noting that a trial court may assess “a

‘compensatory fine’ to be paid by the wrongdoing party to the party

injured” when a “violation of the [equitable] decree has resulted in

damages to the injured party”); see also Applegate v. Barnett Bank

of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (noting that “[i]n

appellate proceedings the decision of a trial court has the

presumption of correctness and the burden is on the appellant to

demonstrate error,” so the order on review should be affirmed

where “the record brought forward by the appellant is inadequate

to demonstrate reversible error”); Williams v. Williams, 152 So. 3d

702, 704 (Fla. 1st DCA 2014) (regarding a civil-contempt order,

“where an error by the court appears for the first time on the face

of a final order, a party must alert the court of the error via a

motion for rehearing or some other appropriate motion in order to

preserve it for appeal”); cf. Coolen v. State, 696 So. 2d 738, 742 n.2

(Fla. 1997) (observing that “failure to fully brief and argue these

points constitutes a waiver of these claims”); Duest v. Dugger, 555

So. 2d 849, 852 (Fla. 1990) (“The purpose of an appellate brief is to

present arguments in support of the points on appeal. Merely

making reference to arguments below without further elucidation

does not suffice to preserve issues, and these claims are deemed to

have been waived.”); Steinhorst v. State, 412 So. 2d 332, 338 (Fla.

1982) (“Furthermore, in order for an argument to be cognizable on

appeal, it must be the specific contention asserted as legal ground

for the objection, exception, or motion below.”).

B.L. THOMAS, M.K. THOMAS, and TANENBAUM, JJ., concur.

_____________________________

Not final until disposition of any timely and

authorized motion under Fla. R. App. P. 9.330 or

9.331.

_____________________________

Carolyn McCormick, pro se, Petitioner.

Charles Daniel Sikes, Charles Daniel Sikes, P.A., Starke, for

Respondent, Janis E. Brown.

No appearance for Respondent, Terence M. Brown.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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