Harry Wayne Casey v. Richard R. Finch

No. 3D24-0946 (Fla. 3d DCA Apr. 9, 2025) · Florida Third District Court of Appeal · April 9, 2025 · No. 3D24-0946

Summary

The Florida Third District Court of Appeal affirmed orders discharging show cause orders against Richard R. Finch and his attorney, Evan Cohen, without holding them in contempt. The court held that the trial court did not abuse its discretion in determining that the alleged conduct—pursuing federal copyright termination and declaratory relief—did not clearly warrant a contempt finding under the applicable injunctions.

Holdings

  1. The trial court did not abuse its discretion by discharging the show cause orders without holding Finch and Cohen in contempt.

Questions Presented

  1. Whether the trial court abused its discretion by discharging the show cause orders and declining to hold Finch and Cohen in contempt.
  2. Whether the filing of Finch's federal declaratory-relief lawsuit clearly violated the 1986 or 2004 state-court injunctions for purposes of contempt.

Disposition

affirmed

Cases Cited (5)

  • Universal Prop. & Cas. Ins. Co. v. Armand, 50 Fla. L. Weekly D272, 2025 WL 322028, at *1 (Fla. 3d DCA Jan. 29, 2025)(followed)
  • Bath Club Ent., LLC v. Residences at the Bath Club Maint. Ass'n, 348 So. 3d 16, 19 (Fla. 3d DCA 2022)(followed)
  • Milton v. Milton, 113 So. 3d 1040, 1040 (Fla. 1st DCA 2013)(followed)
  • Canakaris v. Canakaris, 382 So. 2d 1197, 1204 (Fla. 1980)(followed)
  • Osmo Tec SACV Co. v. Crane Envtl., Inc., 884 So. 2d 324, 326 (Fla. 2d DCA 2004)(followed)

Cited In (0)

No citing cases on record yet.

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