Boca Raton Towing, Inc. v. Boca Raton Towing & Recovery, Inc.
Docket: No. 98-2518
Court: District Court of Appeal of Florida; April 14, 1999; Florida; State Appellate Court
The trial court found the appellants in indirect civil contempt for willfully violating a temporary injunction, imposing a $5,000 fine and additional sanctions. The appellate court affirmed the finding of contempt based on competent, substantial evidence but vacated the fine, remanding the case for reconsideration. A civil contempt fine is valid if it either coerces compliance or compensates for losses. For coercive fines, defendants must be able to avoid the fine through compliance, while compensatory fines must be proportional to the plaintiff's losses. The appellate court determined that the order did not allow for avoidance of the fine through future compliance, and there was insufficient evidence to connect the fine's amount to any actual losses suffered by the plaintiff. Consequently, the court vacated the fine and allowed for further consideration, including the possibility of additional evidence. The decision was affirmed in part and reversed in part, with Judges Polen and Shahood concurring.