MCCORMACK V. STATE

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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 JULY TERM, A.D. 2001 RICHARD R. MCCORMACK, Petitioner, vs. ** ** ** THE STATE OF FLORIDA, Respondent. CASE NO. 3D01-2446 ** LOWER TRIBUNAL NO. 01-10003 ** Opinion filed October 24, 2001. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Alan Postman, Judge. Hayden and Milliken and Raul J. Chacon, Jr., for petitioner. Robert A. Butterworth, Attorney General, and Susan Odzer Hugentugler (Ft. Lauderdale), Assistant Attorney General, for respondent. Before COPE, GODERICH and SHEVIN, JJ. PER CURIAM. We grant McCormack's petition for writ of certiorari and quash paragraph seven of the order granting Plaintiff's Verified Motion for Prejudgment Writ of Replevin finding McCormack in contempt of court. As the state properly concedes in its response, the record does not demonstrate "any act that is contemptuous on its face." Carnival Corp. v. Beverly, 744 So. 2d 489, 496 (Fla. 1st DCA 2000). See Parisi v. Broward County, 769 So. 2d 359 (Fla. 2000). Certiorari granted. -2-

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