STANLEY DAVID HOWELL, PETITIONER,
v.
SHANNON L. HOWELL, RESPONDENT
STANLEY DAVID HOWELL, PETITIONER,
SHANNON L. HOWELL, RESPONDENT
700 So. 2d 467
Florida District Court of Appeal, First District (1997)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Petitioner seeks certiorari review of an order finding him to be in civil contempt and committing him to jail for his failure to pay past due child support. We conclude that the trial court’s order is facially deficient in that it does not contain a finding that petitioner has the present ability to pay the purge amount. See Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985); Coogan v. Coogan, 662 So. 2d 1380 (Fla. 1st DCA 1995). Moreover, we conclude that the record before this court would not support such a finding, had one been made. Accordingly, the petition for writ of certiorari is granted and the trial court’s order of contempt is quashed.
JOANOS, WOLF and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Walden v. Professor Abel Adekola & The Dist. Bd. of Trs. of Miami-Dade Cmty. Coll., 773 So. 2d 1218 (Fla. 3d DCA 2000)…analogous to the situation in which a spouse is found to be in contempt for willful nonpayment of alimony. In the contempt context, the courts have routinely insisted that the required findings appear on the face of the order, see Howell v. Howell, 700 So. 2d 467 (Fla. 1st DCA 1997); Rosen v. Rosen, 579 So. 2d 846 (Fla. 4th DCA 1991); Pradas v. Prados, 561 So. 2d 6 (Fla. 3d DCA 1990); Weeks v. Weeks, 490 So. 2d 1059 (Fla. 2d DCA 1986), regardless of whether the issue was raised in the trial court. Since the…
Authorities Cited
- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)
- Coogan v. Polly O'Brien Coogan, 662 So. 2d 1380 (Fla. 1st DCA 1995)