BAYARDO ALEJANDRO TORRES, APPELLANT,
v.
ADRIENNE CARAVETTA TORRES, APPELLEE
BAYARDO ALEJANDRO TORRES, APPELLANT,
ADRIENNE CARAVETTA TORRES, APPELLEE
575 So. 2d 288
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We reverse an order of contempt entered against the appellant-father for failure to pay child support for a five-week period during which he was unemployed. Where the father presented substantial and competent evidence showing that his temporary unemployment was due to an involuntary layoff, that he had no other financial resources, and that he sought and obtained new employment, he sustained his burden to show that the failure to pay, during the short-term period of unemployment, was not willful. Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Telisia Shaonte Kelley v. Rice, 800 So. 2d 247 (Fla. 2d DCA 2001)…ey of the accusation against her or to give her an opportunity to present evidence. See Fla. R.Crim. P. 3.830. Simply .questioning Ms. Kelley regarding her nonappearance at trial and allowing a brief explanation was insufficient. See Davis v. State, 575 So. 2d 288 (Fla. 3d DCA 1991). Judge Downey also failed to include in his written judgment a recital of the facts on which the adjudication of guilt is based, see Fla. R.Crim. P. 3.830, which alone constitutes reversible error in a direct criminal contempt pro…
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Tejada v. State, 729 So. 2d 965 (Fla. 3d DCA 1999)…a. 4th DCA 1993)(concluding procedural provisions of rule governing contempt of court charges are essence of due process requiring scrupulous compliance). Clearly, Mr. Tejada was not given the time necessary to prepare a defense. See Davis v. State, 575 So. 2d 288 (Fla. 3d DCA 1991)(holding defendant was not provided with sufficient notice and sufficient opportunity to present evidence with respect to accusation of criminal contempt, where record reflected merely that proceedings were held wherein trial court…
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Poitier v. Spears, 750 So. 2d 767 (Fla. 3d DCA 2000)…endant in direct criminal contempt and did not follow the mandatory requirements of the rule. Accordingly, the petitioner’s conviction on the contempt charge must be reversed. See Jackson v. State, 626 So. 2d 1050 (Fla. 3d DCA 1993); Davis v. State, 575 So. 2d 288 (Fla. 3d DCA 1991); Jacobs v. State, 327 So. 2d 896 (Fla. 3d DCA 1976). Petition for Writ of Habeas Corpus granted.…
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- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)