| Classification |
Original Proceedings - Circuit Civil - Habeas Corpus
|
| Court |
6th District Court of Appeal
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| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2021-CA-007801-O
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Parties
| Name |
ROBERT O. CAIN, III
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
MARK A. NEUMAIER, ESQ.
|
|
| Name |
AUCTION ARMORY, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
PATRICK A. MCGEE, ESQ.
|
|
| Name |
HON. JOHN E. JORDAN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
TIFFANY RUSSELL, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-01-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2024-01-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-12-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge ~ TRAVER, C.J., AND BROWNLEE AND GANNAM, JJ.
|
|
| Docket Date |
2023-12-11
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Petitioner's motion for extension of time for reply is granted. Petitioner's reply shall be filed and served no later than December 11, 2023.
|
|
| Docket Date |
2023-12-11
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY TO RESPONSE TO AMENDED PETITION FOR WRIT OF HABEAS CORPUS
|
| On Behalf Of |
ROBERT O. CAIN, III
|
|
| Docket Date |
2023-12-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response ~ MOTION FOR EXTENSION OF TIME FOR REPLY
|
| On Behalf Of |
ROBERT O. CAIN, III
|
|
| Docket Date |
2023-11-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE BY RESPONDENT, AUCTION ARMORY, LLC, TO AMENDED PETITION FOR WRIT OF HABEAS CORPUS
|
| On Behalf Of |
AUCTION ARMORY LLC
|
|
| Docket Date |
2023-11-27
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO RESPONSE BY RESPONDENT, AUCTION ARMORY,LLC, TO AMENDED PETITION FOR WRIT OF HABEAS CORPUS
|
| On Behalf Of |
AUCTION ARMORY LLC
|
|
| Docket Date |
2023-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2023-11-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Respondent, Auction Armory, LLC, shall serve a response to the petition for writ of habeas corpus within ten days of this order. The petitioner may reply within ten days of service of the response.
|
|
| Docket Date |
2023-11-13
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ SECOND SUPPLEMENTAL APPENDIXTO AMENDED PETITION FOR WRIT OF HABEAS CORPUS
|
| On Behalf Of |
ROBERT O. CAIN, III
|
|
| Docket Date |
2023-11-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER'S RESPONSE TO ORDER OF NOVEMBER 2, 2023
|
| On Behalf Of |
ROBERT O. CAIN, III
|
|
| Docket Date |
2023-11-07
|
| Type |
Petition
|
| Subtype |
Petition Habeas Corpus
|
| Description |
Petition Habeas Corpus ~ AMENDED
|
| On Behalf Of |
ROBERT O. CAIN, III
|
|
| Docket Date |
2023-11-07
|
| Type |
Record
|
| Subtype |
Supplemental Appendix
|
| Description |
SUPPLEMENTAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
ROBERT O. CAIN, III
|
|
| Docket Date |
2023-11-07
|
| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service
|
| On Behalf Of |
ROBERT O. CAIN, III
|
|
| Docket Date |
2023-11-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Within five days of this order, Petitioner shall file an amended petitionnaming John Mina, Sheriff of Orange County, as a Respondent in this action,and include a certificate of service showing service on the Orange CountySheriff and the Clerk of Court of the Ninth Judicial Circuit. The supplementalpetition shall also advise whether the Petitioner remains in custody. Withinten days of this order, Petitioner shall supplement his petition with a copy ofthe transcripts from hearings held on September 5, 2023, and October 3, 2023.Failure to timely comply may result in dismissal of the petition without furthernotice.
|
|
| Docket Date |
2023-10-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF4:No Fee-Habeas Corpus
|
|
| Docket Date |
2023-10-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-10-23
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
ROBERT O. CAIN, III
|
|
| Docket Date |
2023-10-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
ROBERT O. CAIN, III
|
|
| Docket Date |
2023-12-20
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
ORD-GRANT. ORIG PETITION ~ We grant Petitioner Robert O. Cain, III’s Amended Petition for Writ of Habeas Corpus and order his immediate release. We do so for three reasons. First, paragraph D of the May 26, 2013 contempt order does not provide an exact dollar amount Petitioner must pay in order to comply with the trial court’s directive and purge the contempt. See Neiman v. Naseer, 31 So. 3d 231, 234 (Fla. 4th DCA 2010). Second, the record does not contain competent substantial evidence to support a finding that Petitioner has the present ability to pay either the purge amount referenced in paragraph D of the contempt order or the alternative cash bond amount listed in paragraph F. See Elliott v. Bradshaw, 59 So. 3d 1182, 1187 (Fla. 4th DCA 2011). Third and finally, the trial court made no finding that Petitioner has the ability to pay either purge amount. See Bowen v. Bowen, 471 So. 2d 1274, 1277 (Fla. 1985) (“We continue to adhere to the view that incarceration for civil contempt cannot be imposed absent a finding by the trial court that the contemnor has the present ability to purge himself of contempt.”).Accordingly, the Amended Petition for Writ of Habeas Corpus is granted. Petitioner Robert O. Cain, III is ordered released forthwith.
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