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22 Fla. L. Weekly D2199e

MATTHIAS RATH, M.D. and HEALTH NOW, INC., Appellants, v. NETWORK MARKETING, L.C., n/k/a REXALL SHOWCASE INTERNATIONAL, INC., Appellee. 4th District. Contempt -- Order -- Specification of conduct constituting contempt -- Temporary injunction fails to identify the clinical study and its supporting documentation with adequate specificity to support contempt order

MATTHIAS RATH, M.D. and HEALTH NOW, INC., Appellants, v. NETWORK MARKETING, L.C., n/k/a REXALL SHOWCASE INTERNATIONAL, INC., Appellee. 4th District. Case No. 96-3739. Opinion filed September 17, 1997. Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James T. Carlisle, Judge; L.T. Case No. CL 96-7754 AE. Counsel: Michael B. Small and Lisa S. Small of Small & Small, P.A., Palm Beach, for appellants. Lorie M. Gleim and Mark F. Bideau of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., West Palm Beach, for appellee.

(PER CURIAM.) Of appellant's arguments, the only one with merit is that the contempt order may not stand since the September 17, 1996 temporary injunction fails to identify the clinical study and its supporting documentation with adequate specificity to support a contempt order. See Lawrence v. Lawrence, 384 So. 2d 279 (Fla. 4th DCA 1980); Hettinger v. McMahon, 164 So. 2d 553, 555 (Fla. 2d DCA 1964). The trial court was authorized to require production of the documents by November 5, 1996. We strike only that portion of the October 23, 1996 order finding appellants in contempt.

REVERSED IN PART AND REMANDED. (POLEN, FARMER and GROSS, JJ., concur.)

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