Opinion

State of Florida v. Alex Diaz de la Portilla

  • 40 Fla. L. Weekly Supp. 626
  • 177 So. 3d 965
  • 2015 Fla. LEXIS 2465
  • 2015 WL 6749921
Court
Supreme Court of Florida
Filed
Nov 5, 2015
Status
Published
Author
Canady
On the bench
Lewis, Labarga, Pariente, Quince, Polston, Perry, Canady
Cited by
10 cases
Authority
More cited than 12.0%

recognizing that the procedural rules governing indirect criminal contempt reflect the required "procedural due process safeguards"

How later courts described this case

  • recognizing that the procedural rules governing indirect criminal contempt reflect the required "procedural due process safeguards"
  • describing the “tipsy coach doctrine” which permits a reviewing court to affirm the decision of a lower court that reaches the right result for the wrong reason
  • describing “the tipsy coachman doctrine” permitting a reviewing court to affirm the decision of a lower court that reaches the right result for the wrong reason

Written by the judges who cited it.

The opinion

CANADY, J.,

dissenting.

In the decision on review, the First District reversed the trial court’s order finding the respondent to be in direct criminal contempt. In the proceedings before this Court, the State has not sought to overturn the district court’s reversal of the trial court’s order. Instead, the State has sought an advisory opinion on the certified question. This Court should not be in the business of issuing advisory opinions except as specifically authorized by the Florida Constitution. “It is the rule that before a person may bring an appeal he must be a party or privy to the record and must show that he is, or will be, injuriously affected by the order sought to be reviewed.” King v. Brown, 55 So.2d 187, 188 (Fla.1951). Accordingly, this case should be dismissed. I dissent.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.