# Brown v. Manning

> District Court of Appeal of Florida · July 25, 1997 · 696 So. 2d 1367

URL: https://www.frixlaw.com/law-library/cases/7708117

## Case

- **Full name:** Wilbert BROWN, Jr. v. Donald MANNING, Director, Dade County, Dept. of Corrections
- **Court:** District Court of Appeal of Florida
- **Decided:** July 25, 1997
- **Citations:** 696 So. 2d 1367; 1997 Fla. App. LEXIS 8593; 1997 WL 423133
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Goderich, Green, Nesbitt
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7708117

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7708117. Public record. Not legal advice.