Legal Question in Real Estate Law in Florida

contempt of court

If a developer is ordered by a Circuit Judge to hold an election of officers for transistion of the HOA. And this order is ignored who is the one to follow through and file a contempt of court order? Is the attorney who filed in the first place or can a different attorney file contempt of court?


Asked on 11/08/07, 8:50 pm

2 Answers from Attorneys

Euribiades Cerrud II The PCB Firm, P.A.

Re: contempt of court

The act of the attorney filing the contempt motion is only a clerical detail; the important thing is that the party filing the contempt motion has standing for it. Any attorney, in representation of the petitioning party, may file.

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Answered on 11/08/07, 8:56 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: contempt of court

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Generally, it would be the same attorney who filed the lawsuit in the first place but the people can use a different attorney if they wish. The important thing is that you do not allow this to sit too long and lose your rights to self governance.

Scott R. Jay, Esq.

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Answered on 11/08/07, 9:54 pm


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