RICHARD PORTEE, PETITIONER,
v.
DONALD MANNING, DIR., DADE CO. DEPT. OF CORR., RESPONDENT

Fla. 3d DCA | 1997-11-07
No. 97-03146
Before SCHWARTZ, C.J., and JORGENSON and GREEN, JJ.
702 So. 2d 546 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon the respondent’s proper confession of error, the emergency petition for writ of habeas corpus is granted and the petitioner is to be released forthwith where there was insufficient evidence to support the lower court’s determination that the petitioner has the present ability to pay the purge amount in this civil contempt proceeding. See Johnson v. Felton, 655 So. 2d 1286 (Fla. 3d DCA 1995).


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  • Garcia v. Manning, 717 So. 2d 59 (Fla. 3d DCA 1998)
    …il contempt and committing him to jail for his failure to pay past due child support was improperly entered because the record in this case is devoid of any evidence that petitioner has the present ability to pay the purge amount. Portee v. Manning, 702 So. 2d 546 (Fla. 3d DCA 1997); Raba v. Manning, 696 So. 2d 1367 (Fla. 3d DCA 1997); Paez v. Manning, 696 So. 2d 1368 (Fla. 3d DCA 1997); Brown v. Manning, 696 So. 2d 1367 (Fla. 3d DCA 1997); Rashid v. Manning, 22 Fla. L. Weekly D830, — So. 2d - (Fla. 3d DCA Ma…
  • …orrect but also timely rendered. For this reason, the appellate advocate who undertakes to represent a parent in a juvenile dependency case or a TPR case assumes a heightened responsibility. See S.A.T. v. Dep’t of Children & Families (In re S.K.A.), 702 So. 2d 546, 548 (Fla. 2d DCA 1997). With these principles in mind, we turn now to a consideration of the responses to the order to show cause. THE RESPONSES TO THE ORDER TO SHOW CAUSE In Mr. Doe’s response, he correctly noted that he had fulfilled his profes…

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