Imprisonment For Debt

75 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Stephens v. State
  630 So. 2d 1090· Fla.· 1994-02-03 ·cited 77×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a defendant can waive the constitutional protection against imprisonment for debt as a condition of probation. The Court held that before incarcerating a probationer for failure to pay restitu
• State ex rel. Albert B. Cahn v. Mason
  148 Fla. 264· Fla.· 1941-10-14 ·cited 61×
  Albert B. Cahn petitioned for habeas corpus after being held in contempt of court for failing to pay $439.83 to a bank per a divorce decree. The Florida Supreme Court held that a decree requiring payment of a pre-existing debt to a third party (the bank) cannot be enforced throug
• Lamm v. Chapman
  413 So. 2d 749· Fla.· 1982-03-11 ·cited 58×
  The Florida Supreme Court held that the Department of Health and Rehabilitative Services may constitutionally use civil contempt proceedings to enforce child support obligations and collect reimbursement for state public assistance payments, rejecting a Third District Court of Ap
• Ex parte Bronk v. State
  43 Fla. 461· Fla.· 1901-06-01 ·cited 57×
  John Parker Bronk challenges his detention under a writ of ne exeat issued in an alimony/maintenance suit filed by his wife. The Florida Supreme Court affirms the lower court's denial of habeas corpus, holding that courts may issue a writ of ne exeat in maintenance actions before
• State v. Dowling
  92 Fla. 848· Fla.· 1926-11-08 ·cited 43×
  Katie Lanz challenges on habeas corpus her imprisonment under Florida's 1923 statute criminalizing the unauthorized disposition of personal property subject to a lien. The Florida Supreme Court upholds the statute as a constitutional regulation of commerce in personal property, n
• Lewis v. Nero Nelson
  62 Fla. 71· Fla.· 1911-06-01 ·cited 43×
  The Florida Supreme Court affirmed the discharge of Nero Nelson from custody on habeas corpus, holding that while Section 3320 of the General Statutes (criminalizing fraud-based obtaining of money through false promises) is not unconstitutional, the warrant against Nelson failed
• Murphy v. Murphy
  370 So. 2d 403· Fla. 3d DCA· 1979-04-17 ·cited 37×
  In this 1979 Florida divorce case, the court affirmed the trial judge's finding that the wife established a special equity in properties titled to the husband, despite a 1974 post-nuptial agreement allocating ownership percentages, because the wife provided all consideration from
• United States v. Douglass
  476 F.2d 260· 5th Cir.· 1973-04-06 ·cited 29×
  The court held that a defendant's intentional refusal to file a tax return, even for political protest, constitutes 'willfulness' under 26 U.S.C.A. § 7203, and a prison sentence for this offense is not an unconstitutional imprisonment for debt.
• Montanez v. Montanez
  697 So. 2d 184· Fla. 2d DCA· 1997-07-18 ·cited 28×
  The court held that civil contempt cannot be used to enforce a former spouse's obligation to pay a joint marital debt that is a division of property, and an order merely determining entitlement to attorney's fees without setting the amount is not appealable.
• Faircloth v. Faircloth
  321 So. 2d 87· Fla. 1st DCA· 1975-10-29 ·cited 28×
  Richard Faircloth appeals a contempt of court judgment sentencing him to five months and 29 days for failing to pay child support, alimony, and other obligations from his divorce decree. The court held that the contempt was civil in nature, not criminal, and affirmed the commitme
• Satterfield v. Satterfield
  39 So. 2d 72· Fla.· 1949-02-25 ·cited 27×
  The court reviewed a contempt order against a father for failing to pay alimony and child support. The court granted a writ of certiorari, quashed the contempt order, and discharged the father, finding that his financial inability to pay was not clearly established as willful ref
• State v. Stone
  137 Fla. 498· Fla.· 1939-05-02 ·cited 27×
  A. G. Krueger sought a writ of habeas corpus challenging his jail commitment for contempt of court based on his failure to pay alimony and suit money ordered by the Circuit Court. The Florida Supreme Court rejected all of Krueger's challenges and affirmed that his commitment was
• Chapman v. Lamm
  388 So. 2d 1048· Fla. 3d DCA· 1980-08-05 ·cited 26×
  The court held that substantial evidence supported the Board's decision that respondent's failure to pay vacation benefits to strikers was an unfair labor practice.
• Noel v. State
  191 So. 3d 370· Fla.· 2016-04-21 ·cited 24×
  The Florida Supreme Court held that a trial court's sentence conditioning a reduction in prison time on the defendant's payment of restitution within a specified time period violates the Due Process Clause of the Fourteenth Amendment. The court resolved a conflict between two dis
• Schminkey v. Schminkey
  400 So. 2d 121· Fla. 4th DCA· 1981-06-17 ·cited 24×
  The Fourth District Court of Appeal reversed a contempt finding against a former husband for failing to repay a bank loan that was unconnected to alimony obligations. The court held that a requirement to repay a debt owed to a third party cannot be enforced through contempt proce
• Pabian v. Pabian
  480 So. 2d 237· Fla. 4th DCA· 1985-12-31 ·cited 22×
  Allan Pabian appealed from trial court orders finding him in contempt for failing to pay his ex-wife's automobile payments as required by the divorce judgment. The Fourth District Court of Appeal affirmed the contempt finding as to the obligation itself but reversed and remanded
• McDonald's Corp. v. Victory Invs.
  727 F.2d 82· 3d Cir.· 1984-02-13 ·cited 20×
  The court held that a contempt order is moot once the contemner has purged the contempt by complying with the order, and that a daily fine for civil contempt, measured by past non-compliance, is improper and akin to a criminal fine.
• Shidlowsky v. Nat'l CAR Rental Sys., Inc.
  344 So. 2d 903· Fla. 3d DCA· 1977-03-29 ·cited 20×
  Shidlowsky sued National Car Rental Systems and others for malicious prosecution after they initiated criminal charges for theft of an overpaid sum. The trial court granted a directed verdict for defendants, but the appellate court reversed, finding a question of fact existed reg
• United States v. Merritt
  639 F.2d 254· 5th Cir.· 1981-03-12 ·cited 18×
  The court affirmed the conviction, finding no reversible error in the district court's rulings regarding sufficiency of evidence, estoppel, or probation conditions.
• Ennis v. State
  95 So. 2d 20· Fla.· 1957-03-27 ·cited 18×
  Carlos Ennis was convicted of issuing a worthless check in violation of Florida Statute § 832.05. On appeal, he challenged the constitutionality of the statute, claiming it violated his right to confront witnesses and amounted to unconstitutional imprisonment for debt. The Florid
• Tabas v. Alice lola Hudson
  175 So. 2d 224· Fla. 3d DCA· 1965-05-18 ·cited 17×
  The court held that a party cannot challenge the validity of an original injunction in a subsequent contempt appeal, but imprisonment for failure to pay a money judgment is impermissible.
• Reese v. Baker
  98 Fla. 52· Fla.· 1929-06-21 ·cited 17×
  T.T. Reese, president of a failed bank, was held in contempt for refusing to answer questions about property he owned outside Florida during supplementary proceedings to execution on a judgment against him. The Florida Supreme Court upheld his contempt conviction, holding that th
• MacKey v. State
  402 So. 2d 41· Fla. 3d DCA· 1981-08-04 ·cited 16×
• Grotnes v. Grotnes
  338 So. 2d 1122· Fla. 4th DCA· 1976-10-29 ·cited 16×
  Charles Richard Grotnes appeals a judgment for unpaid alimony and child support to his ex-wife Janet Wass Grotnes. The court partially reversed the contempt findings on procedural grounds but affirmed the monetary judgment and clarified that contempt remedies are available to enf
• Carleton Frazier v. Captain R. F. Jordan
  457 F.2d 726· 5th Cir.· 1972-04-03 ·cited 15×
  A municipal court cannot constitutionally impose a sentence requiring an indigent defendant to pay a fine forthwith or serve jail time, as this discriminates based on wealth.
• Petra Duran v. Wells
  307 So. 2d 259· Fla. 2d DCA· 1975-01-08 ·cited 14×
  A migrant worker arrested and convicted of obtaining lodging with intent to defraud challenged the constitutionality of the statute and sought damages and class relief. The appellate court affirmed dismissal of the declaratory judgment, injunction, and class action claims, holdin
• V.H. v. State
  498 So. 2d 1011· Fla. 2d DCA· 1986-12-10 ·cited 12×
  Court reversed commitment order where judge conditioned community control on restitution payment, violating the principle that indigent persons cannot be imprisoned solely for inability to pay.
• Nat'l Disc. Corp. v. O'Mell
  194 F.2d 452· 6th Cir.· 1952-02-18 ·cited 12×
  A writ of habeas corpus is a proper procedural vehicle to challenge the legality of a civil imprisonment based on a debt judgment, even if the underlying judgment itself is not void.
• Chapman v. United States
  139 F.2d 327· 8th Cir.· 1943-12-14 ·cited 12×
  The court held that the appellant's challenges to the Agricultural Marketing Agreement Act and the Secretary's order were without merit, and that the district court properly granted summary judgment.
• Coleman v. State
  119 Fla. 653· Fla.· 1935-04-05 ·cited 12×
  The Florida Supreme Court upheld Chapter 16066 of the 1933 Florida Acts, which criminalized possession of leased property after expiration of the lease and failure to vacate within ten days of written notice. The court rejected a habeas corpus challenge to the statute's constitut
• Price v. Price
  382 So. 2d 433· Fla. 1st DCA· 1980-04-16 ·cited 11×
  Adult children appealed a contempt order for nonpayment of attorney's fees awarded against them in a declaratory judgment action involving their deceased father's divorce decree. The court reversed, holding that attorney's fees awarded to the stepmother (who was not a party to th
• Davis v. State
  495 So. 2d 928· Fla. 4th DCA· 1986-10-15 ·cited 10×
  A finding of entrapment as to one crime does not legally preclude a finding of guilt as to similar subsequent crimes if the defendant became predisposed after initial government contact.
• Usery v. Fisher
  565 F.2d 137· 10th Cir.· 1977-10-31 ·cited 10×
  The court held that a consent judgment requiring an employer to pay back wages is equitable in nature, not a money judgment, and thus can be enforced through civil contempt proceedings.
• Ex parte Garvey
  84 Fla. 583· Fla.· 1922-11-20 ·cited 10×
  The Florida Supreme Court reversed a habeas corpus decision and ordered discharge of M. Garvey, who was charged under Chapter 8401, Acts of 1921 (the worthless check statute). The court found the information charging Garvey with passing a worthless check was legally insufficient
• Simpson v. Simpson
  68 So. 3d 958· Fla. 4th DCA· 2011-08-24 ·cited 9×
  Deanna Simpson appealed a trial court order modifying Gregory Simpson's alimony obligations downward and denying her motion for civil contempt. The Fourth District Court of Appeal affirmed the denial of the contempt motion but reversed the alimony modification, finding the trial
• Moustafa Farghali v. Farghali
  187 So. 3d 338· Fla. 4th DCA· 2016-03-09 ·cited 8×
  In this consolidated divorce appeal, the Fourth District addressed procedural requirements for preserving claims about inadequate factual findings in equitable distribution cases and clarified the proper method for distributing a pension when the initial QDRO was ineffective. The
• Dunn v. State
  247 So. 2d 26· Fla. 2d DCA· 1971-04-14 ·cited 8×
  A defendant constitutionally cannot be imprisoned beyond the statutory maximum for failure to pay a fine if they are financially unable to do so.
• Wade v. Carsley
  433 F.2d 68· 5th Cir.· 1970-10-12 ·cited 8×
  Imprisonment for inability to pay a fine, extending beyond the statutory maximum for the offense, violates the Equal Protection Clause of the Fourteenth Amendment.
• United States v. McLEAN
  424 F.2d 513· 8th Cir.· 1970-04-16 ·cited 8×
  The court held that the evidence was sufficient to prove the defendant's intent to steal the vehicle and knowledge that it was stolen when transported interstate.
• Carrollo v. United States
  141 F.2d 997· 8th Cir.· 1944-04-17 ·cited 8×
  The dissenting judge believes the sentence was not validly pronounced and the motion to set it aside should have been granted.
• Vincent v. State
  699 So. 2d 806· Fla. 1st DCA· 1997-09-25 ·cited 6×
  The court held that revoking probation for failure to pay restitution requires a current finding of ability to pay, not reliance on a prior determination.
• Bryant v. Carter Bryant
  621 So. 2d 574· Fla. 2d DCA· 1993-07-23 ·cited 6×
  Worker's compensation awards are not exempt from claims for child support, as child support is not considered a debt to a creditor.
• United States v. Grant
  852 F.2d 1203· 9th Cir.· 1988-07-27 ·cited 6×
  The court held that the district court abused its discretion by holding the defendant in civil contempt and ordering incarceration for failure to pay a fine, as the original sentence did not include imprisonment as a consequence for non-payment.
• Mashburn v. State
  65 Fla. 470· Fla.· 1913-05-27 ·cited 6×
  Mashburn challenges his arrest for refusing to work on public roads or pay a $4 commutation fee, arguing the road duty statute violates Florida's constitutional limits on capitation taxes and prohibition on imprisonment for debt. The Florida Supreme Court affirms his detention, h
• Coleman v. State ex rel. Sam Cass
  144 Fla. 488· Fla.· 1940-08-02 ·cited 5×
  Sam Cass was arrested for operating a privately-owned boat used exclusively for sport fishing without obtaining a license under Chapter 17917, Acts of 1937. The Florida Supreme Court reversed the trial court's discharge of Cass, holding that the 1937 Act's licensing requirement a
• United States v. Bellman
  741 F.2d 1116· 8th Cir.· 1984-08-29 ·cited 4×
  The court held that the defendant's conviction for converting mortgaged grain was supported by sufficient evidence and that his arguments regarding permission, commingling of proceeds, and grand jury procedures were without merit.
• Elton H. Schwarz v. Honorable Tom Waddell, Jr.
  422 So. 2d 61· Fla. 4th DCA· 1982-11-10 ·cited 4×
  Elton Schwarz sought a writ of prohibition to prevent garnishment of his wages for child support arrearages after the dependent child reached majority. The Fourth District Court of Appeal, on remand from the Florida Supreme Court, rejected all three of Schwarz's arguments and den
• State v. Berry
  358 So. 2d 545· Fla.· 1978-04-04 ·cited 4×
  The court held that intent to defraud is not an essential element of the crime of obtaining property in return for a worthless check under Section 832.05(3), Florida Statutes.
• United States v. Norwood J. Patterson
  465 F.2d 360· 9th Cir.· 1972-07-03 ·cited 4×
  The court held that the defendant's constitutional arguments regarding due process and imprisonment for debt were without merit, and the evidence was sufficient for conviction.
• Blackwelder v. Linton M. Collins
  252 F.2d 854· D.C. Cir.· 1958-02-20 ·cited 4×
  The court held that imprisonment for contempt is barred by statute when the underlying decree only directs the payment of money, absent specific statutory provision for imprisonment.