ROBERT S. DUBOIS, APPELLANT,
v.
GAY DUBOIS, APPELLEE
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[*24] PER CURIAM.
The orders holding the appellant-husband in contempt and committing him to jail for failing to make temporary alimony payments are summarily reversed because neither contains the requisite finding1 of a wilful failure to pay notwithstanding a present ability to do so.2 Faircloth v. Faircloth, 339 So. 2d 650 (Fla.1976); Blum v. Blum, 382 So. 2d 52 (Fla. 3d DCA 1980); Hammond v. Sandstrom, 376 So. 2d 466 (Fla. 3d DCA 1979).
. It is at best highly doubtful that such a finding, even if made, would be supportable by this record.
. Nor, alternatively, a wilful divestiture of assets in order to avoid the payment ordered by the court. Faircloth v. Faircloth, 339 So. 2d 650 (Fla.1976); Hammond v. Sandstrom, 376 So. 2d 466 (Fla. 3d DCA 1979).
Cases With Similar Vibessemantic neighbors from the corpus
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Safie v. Safie, 416 So. 2d 485 (Fla. 3d DCA 1982)…does not contain the requisite finding that the husband willfully failed to make such payments despite his then-present ability to do so.1 Garo v. Garo, 347 So. 2d 418 (Fla.1977); Faircloth v. Faircloth, 339 So. 2d 650 (Fla.1976); DuBois v. DuBois, 412 So. 2d 23 (Fla. 3d DCA 1982); Halpern v. Halpern, 384 So. 2d 889 (Fla. 3d DCA 1980); Blum v. Blum, 382 So. 2d 52 (Fla. 3d DCA 1980); Failla v. Fallia, 379 So. 2d 1329 (Fla. 3d DCA 1980); Murphy v. Murphy, 370 So. 2d 403 (Fla. 3d DCA 1979); Hamra v. Hamra, 350…
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State v. Dick C.P. Lantz, 440 So. 2d 446 (Fla. 3d DCA 1983)…PER CURIAM. This court issued a rule to show cause to Circuit Judge Dick C.P. Lantz to show why he should not be found in contempt for willfully violating its order staying proceedings in DuBois v. DuBois, 412 So. 2d 23 (Fla. 3d DCA 1982). The underlying facts are as follows: Judge Lantz was presiding over a domestic proceeding involving Robert DuBois and Gay DuBois. On February 22, 1982, the judge entered an order finding Mr. DuBois in contempt of court for failu…1 / 2
Authorities Cited
- Faircloth v. Faircloth, 339 So. 2d 650 (Fla. 1976)
- Blum v. Blum, 382 So. 2d 52 (Fla. 3d DCA 1980)
- Hammond v. Sandstrom, 376 So. 2d 466 (Fla. 3d DCA 1979)