BRET BICKIS, PETITIONER,
v.
BROWARD COUNTY SHERIFF, KEN JENNE, RESPONDENT
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PER CURIAM.
The above styled petition for writ of habeas corpus is granted. Florida Rule of Family Law Procedure 12.615(e) clearly provides that an order providing for incarceration as a coercive sanction for civil contempt shall not only set a purge amount but shall include “a separate affirmative finding that the contemnor has the present ability to comply with the purge and the factual basis for that finding.” There is no finding that Bickis has the present ability to pay the purge amounts outlined in the April 3, 2000 review order. We grant the petitioner’s petition for writ of habeas corpus and order his immediate release from incarceration without prejudice to the trial court, upon compliance rule 12.615(e), to again place Bickis in detention. No motion for rehearing will be entertained by this court, and the clerk is directed to issue the mandate immediately.
GUNTHER, SHAHOOD and HAZOURI, JJ., concur.
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Dessaure v. State, 891 So. 2d 455 (Fla. 2004)…itness was convicted. Thus we agree with the trial court’s conclusion that conviction of a specified crime may be introduced to show bias of a witness. Howard, 397 So. 2d at 998. The Fourth District considered a similar scenario in Roper v. State, 763 So. 2d 487 (Fla. 4th DCA 2000). The State introduced evidence that a defense witness resided in a jail and argued that “[mjaybe he has a bias against the state or officers.” Id. at 489. The court differentiated Howr ard and held that in Roper “there was no att…
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Larsen v. Larsen, 854 So. 2d 293 (Fla. 4th DCA 2003)…nt ability to comply with the purge and the factual basis for that finding.” Again, the General Master’s Report failed to make a separate affirmative finding that Larsen had the ability to comply with the purge. See Bickis v. Broward County Sheriff, 763 So. 2d 487 (Fla. 4th DCA 2000). We, therefore, reverse those portions of the circuit court’s order adopting the General Master’s finding that Larsen willfully failed to comply with the court’s July 24, 2002 order having had the ability to do so, and recommend…
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