In short: In Woodward v. State, a party in a Broward County probate case received two 15-day jail sentences for direct and indirect criminal contempt. The Fourth District (2018) affirmed the direct contempt despite no court reporter, because Rule 3.830 allows summary punishment if the judgment recites the facts, but reversed the indirect contempt. The Florida Supreme Court accepted review, then dismissed it in December 2019.
Probate hearings are emotional. This case shows how quickly conduct in the courtroom can become a criminal matter.
The Facts
At a March 2016 hearing in the probate of her aunt’s estate in Broward County, Woodward repeatedly interrupted, ignored the judge’s warnings, and was removed from the courtroom. The court later also found she had misrepresented that estate property was vacant when she was living in it. She was held in direct criminal contempt for the courtroom conduct and indirect criminal contempt for the misrepresentation, with concurrent 15-day jail sentences. No court reporter was present.
The Fourth District’s Decision
In 2018 (238 So. 3d 290), the Fourth District:
- Affirmed the direct contempt. A missing court reporter doesn’t require automatic reversal. Under Fla. R. Crim. P. 3.830, direct contempt in the court’s presence may be punished summarily, but the judgment must recite the facts supporting guilt, and here it did.
- Reversed the indirect contempt, because the record showed she made no statement about occupying the property before she was removed.
The Supreme Court
The Florida Supreme Court accepted review on the basis of a conflict between district courts, heard the argument you can watch below, and on December 19, 2019 discharged jurisdiction and dismissed review, so the Fourth District’s decision stands. One justice dissented.
Lessons
- Courtroom conduct in probate is held to the same standard as any other court.
- If you want a record, hire a court reporter. Many probate hearings have none.
- Anyone accused of contempt is entitled to the procedures in Rules 3.830 and 3.840.
Source: Woodward v. State, No. SC18-291 (Fla. Dec. 19, 2019). Source: Woodward v. State, 238 So. 3d 290 (Fla. 4th DCA 2018).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
CRAZY- Probate and Criminal Contempt Proceedings…LAWYER HELD? | Woodward v. State | SC18-291
Go Deeper
Frequently Asked Questions
Can you go to jail for contempt in a Florida probate hearing?
Yes. Woodward received two 15-day sentences for direct and indirect criminal contempt.
Is a court reporter required for direct contempt?
Not automatically. Rule 3.830 allows summary punishment if the judgment recites the facts supporting guilt.
What did the Florida Supreme Court decide in Woodward?
It dismissed review in 2019 without deciding the issue, leaving the Fourth District’s decision in place.
Should I hire a court reporter for a probate hearing?
Often yes. Without a transcript, it is difficult to challenge what happened on appeal.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate litigation and appeals from St. Petersburg. If you need a probate appeal lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
