Opinion

Brown v. Manning

  • 696 So. 2d 1367
  • 1997 Fla. App. LEXIS 8593
  • 1997 WL 423133
Court
District Court of Appeal of Florida
Filed
Jul 25, 1997
Status
Published
On the bench
Goderich, Green, Nesbitt
Cited by
1 cases
Authority
More cited than 47.3%

The opinion

PER CURIAM.

The order finding the petitioner in civil contempt and committing him to jail for his failure to pay past due child support is deficient on its face because, as the state concedes, the order does not contain a finding that petitioner has the present ability to pay the purge amount. See Chandler v. Manning, 22 Fla. L. Weekly D823 , — So.2d -- (Fla. 3d DCA March 27, 1997); Betancourt v. Manning, 679 So.2d 83 (Fla. 3d DCA 1996); Johnson v. Felton, 655 So.2d 1286 (Fla. 3d DCA 1995); Fennell v. Felton, 655 So.2d 1316 (Fla. 3d DCA 1995); Pino v. Felton, 647 So.2d 335 (Fla. 3d DCA 1995). Moreover, the record contains no evidence that he, in fact, has that ability. See Bowen v. Bowen, 471 So.2d 1274 (Fla.1985). As a result, the judgment in habeas corpus sought is hereby awarded.

Habeas corpus granted, we order respondent to release petitioner forthwith.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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