RANDOLPH ELIAS GRIFFIN, APPELLANT,
v.
SELENA PEARL GRIFFIN, APPELLEE
PER CURIAM.
Appellant-husband was found to be in civil contempt for failure to pay his alimony and child support obligations and sentenced to jail. The husband concedes there is sufficient evidence to support a finding of contempt, but he contends there is insufficient evidence in this record that he has the present financial ability to purge himself and therefore he cannot be committed to jail for civil contempt. We agree. Bowen v. Bowen, 454 So. 2d 565 (Fla. 2d DCA 1984); Smith v. Miller, 451 So. 2d 945 (Fla. 1st DCA 1984); and Ponder v. Ponder, 438 So. 2d 541 (Fla. 1st DCA 1983).
Appellant’s sentence is REVERSED and the cause REMANDED for further proceedings as deemed necessary consistent with this opinion and the authorities cited herein.
SMITH, ZEHMER and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)…ilure to pay child support because if the parent has the ability to pay, there is no indigency, and if the parent is indigent, there is no threat of imprisonment. 428 So. 2d at 666. We find the decisions of the First District in Griffin v. Griffin, 461 So. 2d 251 (Fla. 1st DCA 1984); Smith v. Miller, 451 So. 2d 945 (Fla. 1st DCA 1984); and Ponder v. Ponder, 438 So. 2d 541 (Fla. 1st DCA 1983), and the Third District in Robbins v. Robbins, 429 So. 2d 424 (Fla. 3d DCA 1983), to be fully consistent with these ho…
Authorities Cited
- Torrez v. State, 438 So. 2d 541 (Fla. 2d DCA 1983)
- Bowen v. Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs., 454 So. 2d 565 (Fla. 2d DCA 1984)
- Roma Smith v. Miller, 451 So. 2d 945 (Fla. 1st DCA 1984)