VEREEN V. SPEARS

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2002 HEDDIE SMITH VEREEN, Petitioner, ** ** ** vs. ** LOIS SPEARS, Director of MIAMI DADE COUNTY DEPARTMENT ** OF CORRECTIONS and REHABILITATION, ** Respondent. ** CASE NO. 3D02-1476 LOWER TRIBUNAL NO. 94-5186 Opinion filed June 19, 2002. A Case of Original Jurisdiction - Habeas Corpus. Glenn R. Miller, for petitioner. Robert A. Butterworth, Attorney General and Roberta G. Mandel, Assistant Attorney General, for respondent. Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ. PER CURIAM. As we have previously indicated by releasing the petitioner on her own recognizance, the application for habeas corpus relief from a civil contempt judgment and six month sentence for allegedly violating court orders is granted because of numerous defects in the proceedings and operative orders below, including the absence of findings that the petitioner had the present ability to comply with the orders in question and of an appropriate purge provision. See Pugliese v. Pugliese, 347 So. 2d 422 (Fla. 1977). Any further proceedings in this conformance with the cause must be conducted in scrupulous requirements of the law, including a sufficient charging document, trial and post trial orders. See Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985); Fla.R.Crim.P. 3.840; Amendments to the Florida Family Law Rules of Procedure, 746 So. 2d 1073 (Fla. 1999); Amendments to the Florida Family Law Rules of Procedure, 723 So. 2d 208 (Fla. 1998). Habeas corpus granted. 2

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