Bowen Kou v. Florida Republican Senatorial Campaign Committee, Inc., and Ben Albritton
The Fifth District reversed the contempt order. Article I, section 11 of the Florida Constitution bars imprisonment for debt, so a court may not use contempt to enforce an anti-SLAPP fee and cost judgment. The court also held that neither the appellate bond rule nor the court registry rule is mandatory, so a trial court cannot order a judgment debtor to post a bond or deposit funds.
Key facts
- Appellees obtained a money judgment against Appellant for attorney's fees and costs under section 768.295, Florida's anti-SLAPP statute.
- After judgment, the trial court entered a contempt order threatening Appellant with jail unless he posted a bond or deposited the full amount of the fee judgment into the court registry.
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Holdings
- Except in child support and alimony cases, the constitutional ban on imprisonment for debt prevents a court from using contempt to enforce payment of a money judgment, including a judgment…
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Why it matters
Parties who win fee awards under the anti-SLAPP statute, section 57.105, or a fee-shifting contract must collect them through ordinary judgment-creditor remedies: execution, garnishment, proceedings supplementary, and… — full analysis with a trial
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