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eBook details

• Title: Daniel M. Tabas v. Alice Iola Hudson
• Author : Third District. District Court of Appeal of Florida
• Release Date : January 18, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Per Curiam. This cause involves a post-final decree order of commitment for contempt. This is the second appearance of this cause in this court. Upon a prior proceeding, reported in Hudson v. Tabas, Fla.App.1962, 136 So.2d 243, this court upheld a chancellor's finding that the appellant and his wife had erected an encroachment upon property contiguous to the appellee's and affirmed a mandatory injunction requiring its removal, but returned the cause to the chancellor to determine the amount of damages sustained. Following the mandate in the prior opinion, the chancellor received evidence and entered a final decree awarding a judgment in the sum of $500.00 for which sum he let execution issue and, by an amendment to said decree, reaffirmed his prior ruling mandatorily requiring the appellant and his wife to remove the encroachments. No appeal was prosecuted from this decree. Subsequent to a date set for the removal, a rule to show cause was filed indicating that the appellant and his wife had failed to comply with the mandatory injunctive features of the amended decree and, upon return to the rule, the appellant and his wife were adjudicated in contempt of court for failure to comply and the appellant, Daniel M. Tabas, was ordered committed to the County Jail for a period of 60 days for failure to comply with the injunctive features of the decree, as well as the failure to pay the money damages.

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