Margules v. Eleventh Judicial Circuit of Florida
Scott Margules, Appellant, vs. The Eleventh Judicial Circuit Court of Florida, Appellee.
No. 3D07-2119
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
April 30, 2008, Opinion Filed
NOTICE:
NOT FINAL UNTIL DISPOSITION OF TIMELY FILED MOTION FOR REHEARING.
PRIOR HISTORY: [*1]
An Appeal from the Circuit Court for Miami-Dade County, Scott M. Bernstein, Judge. Lower Tribunal No. 05-3584.
COUNSEL: Entin & Della Fera (Fort Lauderdale); Greene, Smith & Associates and Cynthia L. Greene, for appellant.
Bill McCollum, Attorney General, and Rolando A. Soler, Assistant Attorney General, for appellee.
JUDGES: Before GREEN, SUAREZ, and SALTER, JJ.
OPINION
ON CONFESSION OF ERROR
PER CURIAM.
Scott Margules, a member of The Florida Bar, appeals a circuit court order adjudicating and sentencing him in direct criminal contempt of the circuit court.
Based upon the appellee’s confession of error that (1) the alleged false testimony did not have an obstructive effect and (2) the circuit court did not have judicial knowledge of the falsity of the testimony, we reverse the order below and remand this matter to the trial court with instructions to vacate the order. See Diaz v. State, 845 So. 2d 336, 336 (Fla. 3d DCA 2003); D.V. v. State, 817 So. 2d 1098, 1099 (Fla. 2d DCA 2002).
Reversed and remanded with instructions.