Legal Question in Real Estate Law in Florida
contempt of court
If a developer is ordered by a Circuit Judge to hold an election of officers for transistion of the HOA. And this order is ignored who is the one to follow through and file a contempt of court order? Is the attorney who filed in the first place or can a different attorney file contempt of court?
2 Answers from Attorneys
Re: contempt of court
The act of the attorney filing the contempt motion is only a clerical detail; the important thing is that the party filing the contempt motion has standing for it. Any attorney, in representation of the petitioning party, may file.
Re: contempt of court
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Generally, it would be the same attorney who filed the lawsuit in the first place but the people can use a different attorney if they wish. The important thing is that you do not allow this to sit too long and lose your rights to self governance.
Scott R. Jay, Esq.
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