JOHN J. FAYED, APPELLANT,
v.
LYNNE ALTSHULER, APPELLEE
JOHN J. FAYED, APPELLANT,
LYNNE ALTSHULER, APPELLEE
673 So. 2d 579
Florida District Court of Appeal, Fourth District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse that portion of the trial court’s order providing for incarceration because of the absence of a finding that appellant has the present ability to pay the purge amount. Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985). Further, in our view, the record does not support a present ability to pay the purge amount of $18,743.11.
Oh remand the trial court is further directed to clarify whether incarceration was also ordered because of the formation of a professional association, it being error to order incarceration for so forming one unless appellant paid a $10,000 purge.
GUNTHER, C.J., GLICKSTEIN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Rocamonde v. Marshalls OF MA, Inc., 56 So. 3d 863 (Fla. 3d DCA 2011)…otruding base of the rack which was hidden or obscured from her view. It cannot be said as a matter of law that Rocamonde was aware of this condition. The factual sitúa [*866] tion is similar to that presented in Hildack v. Adventist Health Systems, 673 So. 2d 579 (Fla. 5th DCA 1996). The plaintiff, a pedestrian, tripped and fell while attempting to step over rebar protruding from a concrete parking stop. She filed a negligence action, and the trial court granted summary judgment in favor of the parking lot o…
Authorities Cited
- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)