BYRON RANDALL BAIRD, APPELLANT,
v.
VIVIEN HULSEY BAIRD, APPELLEE
Explore caselaw by topic → Browse Delinquency cases and more on FLexlaw
PER CURIAM.
Byron Randall Baird appeals a prejudgment order in a dissolution proceeding setting temporary child support and a subsequent civil contempt order imposed for a two month delinquency in paying the ordered support.
We dismiss the appeal as it relates to the order setting temporary child support because we lack jurisdiction. The order setting the temporary support was rendered on March 1, 1993 but the notice of appeal was not filed until May 1993. The motion for reconsideration of the award of temporary support filed after the March order did not stay rendition. See Bell v. Geist, 531 So. 2d 406 (Fla. 5th DCA 1988).
The order of contempt is vacated for the reason that, while the trial court made a written finding that Baird was able to pay $550 per month temporary child support, it did not find that Baird had the ability to pay the purge amount of $900 in order to gain freedom from incarceration.
DISMISSED IN PART; VACATED IN PART.
GOSHORN, PETERSON and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Klaus Roessler v. Russell W. Novak, M.D., 858 So. 2d 1158 (Fla. 2d DCA 2003)…v. Northcutt, 598 So. 2d 101 (Fla. 2d DCA 1992); Font v. Stanley Steemer Int’l, Inc., 849 So. 2d 1214 (Fla. 5th DCA 2003) (jury question whether franchisor is liable for automobile accident involving franchisee); Dalia v. Elec. Realty Assocs., Inc., 629 So. 2d 1075 (Fla. 3d DCA 1994) (same).4 It has not worked well to establish responsibility for torts in the context of a complex institution like a hospital that has many interrelated independent contractors working side-by-side for the same customers. It appe…
-
Bruce v. State, 656 So. 2d 557 (Fla. 5th DCA 1995)…ivil contempt order must include a finding that the alleged contemnor has the ability to purge him or herself. See e.g., Washburn v. Washburn, 647 So. 2d 1044 (Fla. 4th DCA 1994); Haymon v. Haymon, 640 So. 2d 1204 (Fla. 2d DCA 1994); Baird v. Baird, 629 So. 2d 1075 (Fla. 5th DCA 1994). The contempt order in this case fails in both respects. Therefore, the petition for writ of habeas corpus is granted and respondent is directed to immediately release petitioner from the incarceration resulting from the contempt…
Authorities Cited
- Bell v. Geist, 531 So. 2d 406 (Fla. 5th DCA 1988)