RYLANDER V. TESCHOUVA
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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. 2004 STELLA RYLANDER, ** ** Appellant, ** vs. ** BENNY TESCHOUVA ** Appellee. CASE NO. 3D03-1972 LOWER TRIBUNAL CASE NO. 02-1265 ** Opinion filed April 21, 2004. An appeal of a non-final order from the Circuit Court of Monroe County, Susan Vernon, Judge Michael J. Reppas, II; Arthur J. Morburger, for appellant. Horan, Horan & Wallace and R. Bruce Wallace (Key West), for appellee. Before GERSTEN, GODERICH, and FLETCHER, JJ. PER CURIAM. Stella Rylander appeals from an order of contempt entered against her. Benny We reverse. Teschouva, as tenant, sued Stella Rylander, as landlord, seeking a writ of possession, injunctive relief, and damages for Rylander s locking him out of his retail premises. The trial court ordered Rylander to restore possession to Teschouva, and to refrain from interfering with his possession.1 Upon further proceedings, the trial court found it necessary to enter an order of contempt against Rylander for violating the terms of the injunction. Relying on Parisi v. Broward County, 769 So. 2d 359 (Fla. 2000), the court imposed a hybrid bonded fine sanction against Rylander that contained both compensatory and coercive elements. The court fashioned the compensatory contempt element by imposing a $1,400.00 fine against Rylander for interfering with Teschouva s business. The trial court correctly related the amount of the sanction to damages actually suffered by Teschouva as a result of Rylander s conduct, and considered Rylander s financial capacity to pay. However, misunderstanding Parisi, the trial court then imposed a coercive contempt element, suspending the fine pending Rylander s future compliance availability with of the the court s prior $1,400.00 fine orders. and to To secure insure the Rylander s future compliance, the court ordered Rylander to pay the fine into the court registry. The Florida Supreme Court in Parisi, however held that a hybrid bonded fine is an invalid coercive civil contempt In Rylander s earlier appeal, this court affirmed the trial court s order restoring possession and ordering injunctive relief. Rylander v. Teschouva, 864 So. 2d 18 (Fla. 3d DCA 2004). 1 2 sanction, concluding that it should not be utilized by trial courts. Parisi at 366, 367. We therefore reverse the order of contempt and direct the trial court to order Rylander to pay the $1,400.00 as a pure compensatory fine directly to Teschouva. Reversed and remanded with directions. 3
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