A Florida appeals court has overturned a civil contempt order against Randy Fine, a Republican state committeeman. The order stemmed from a dispute over Fine’s behavior during an election dispute.

Background

The dispute began when Robert Burns filed a petition to disqualify Fine and Wayne Twiddy as candidates for the Republican State Committeeman position. The petition was dismissed with prejudice by Circuit Judge Scott A. Blaue.

The next day, Burns sent an email to Judge Blaue accusing Fine of making offensive hand gestures during the hearing. Fine denied the allegations, and his attorney, Ryan Christopher Rodems, requested a continuance and later a brief recess to prepare a motion to disqualify the judge.

Judge Blaue denied the recess, and subsequently found Fine in both direct and indirect civil contempt. Fine appealed the ruling, arguing that the judge had erred in denying his attorney’s request for a recess.

Appeals Court Ruling

The Florida Fifth District Court of Appeal agreed with Fine, ruling that the trial judge had committed a reversible error by denying the request for a recess. The appeals court cited Florida law, which allows an attorney to request a brief recess to prepare a motion to disqualify a judge.

The court vacated the contempt order, ending the legal battle. The ruling emphasized the importance of protecting an attorney’s right to request a recess to prepare a motion to disqualify a judge.

Original reporting: Tampa Free Press — read the source article.