
    STATE of Florida, DEPARTMENT OF CORRECTIONS, and its attorney, Walter J. Postula, Esquire, in his individual capacity, Appellants, v. Michael BERRY, Appellee.
    Nos. 95-1263, 95-1755.
    District Court of Appeal of Florida, Fourth District.
    Aug. 21, 1996.
    Rehearing, Rehearing En Banc, Certification and Certification of Question Denied Oct. 3, 1996.
    Walter J. Postula of Walter J. Postula, P.A., West Palm Beach, and Joseph P. Klock, Jr. of Steel Hector & Davis, Miami, for appellants.
    Jane Kreusler-Walsh and Nicola Jaye Boone of Jane Kreusler-Walsh, P.A., West Palm Beach, and Louis M. Silber of Lewis, Vegosen, Rosenbach & Silber, PA., West Palm Beach, for appellee.
   PER CURIAM.

AFFIRMED.

GUNTHER, C.J., and SHAHOOD, J., concur.

STONE, J., concurs in pari and dissents in part with opinion.

STONE, Judge,

concurring in part and dissenting in part.

I would reverse the entry of sanctions against Appellant’s attorney. Although counsel was alerted that the court was considering sanctions, the court did not comply with the procedural requirements of contempt, which, in my judgment, would be the only basis upon which to lawfully justify the sanctions imposed. As to the other issues raised, I concur in affirming.  