Imprisonment For Debt

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

• Thompson v. State
  250 So. 3d 132· Fla. 1st DCA· 2018-05-17 ·cited 3×
  The trial court properly revoked Thompson's probation based on competent, substantial evidence of willful and substantial violation of the monetary payment conditions. A probationer's failure to make reasonable efforts to obtain employment is relevant to whether she made bona fid
• Weiss v. Weiss
  100 So. 3d 1220· Fla. 2d DCA· 2012-11-14 ·cited 3×
  A Florida appellate court upheld enforcement of an Illinois contempt order domesticated in Florida, requiring a former husband to pay delinquencies on insurance policies mandated by a 1972 divorce decree. The court held that the Full Faith and Credit Clause obligates Florida cour
• Andrews v. Ada Mae Walton
  428 So. 2d 663· Fla.· 1983-03-24 ·cited 3×
  The Florida Supreme Court held that parents facing civil contempt proceedings for non-payment of child support are not entitled to court-appointed counsel, because due process protections are satisfied through application of the Faircloth test requiring findings of ability to pay
• Levitan v. State
  100 So. 3d 776· Fla. 1st DCA· 2012-11-13 ·cited 2×
  Daniel Levitan was convicted of grand theft for issuing a bad check to his payroll processor, TEL, for a consolidated restaurant debt. The Florida First District Court of Appeal reversed the conviction, holding that the State failed to establish that Levitan unlawfully obtained o
• Malone v. State
  973 So. 2d 1220· Fla. 4th DCA· 2008-01-23 ·cited 2×
  Nancy Malone appealed her prison sentence for grand theft and fraudulent obtaining of property, arguing her imprisonment violated constitutional protections against debt-based imprisonment and equal protection principles because a co-employee who committed smaller thefts received
• United States v. Archambault
  767 F.2d 402· 8th Cir.· 1985-06-25 ·cited 2×
  The court held that 18 U.S.C. § 658 applies to property secured by chattel mortgages or security agreements, and the evidence was sufficient to support the convictions.
• McINNES v. State
  345 So. 2d 781· Fla. 4th DCA· 1977-04-15 ·cited 2×
  Linda McInnes appealed her guilty plea conviction for obtaining property by worthless checks, arguing her plea was involuntary and that her sentence constituted unconstitutional imprisonment for debt. The Fourth District Court of Appeal affirmed, finding the plea was knowing and
• State of Fla. ex rel. Frank Clark, III v. Muldrew
  308 So. 2d 136· Fla. 4th DCA· 1975-02-14 ·cited 2×
  A former husband sought a writ of prohibition to prevent a circuit judge from incarcerating him for contempt of court for failure to pay a money judgment in alimony arrears. The Florida appellate court granted the writ, holding that once alimony was reduced to a money judgment, c
• Lundregan v. Mrs. G. Jeannette Lundregan
  252 F.2d 823· D.C. Cir.· 1958-01-17 ·cited 2×
  The court held that a commitment order for contempt for non-payment of a money judgment, absent a finding that the husband failed to maintain his children despite being able to do so, is invalid.
• Woods v. Brown
  184 F.2d 486· 9th Cir.· 1950-09-28 ·cited 2×
  The court held that denying restitution for rent overcharges solely on the grounds that it would constitute imprisonment for debt is improper, but affirmed the denial of restitution in one case due to insufficient record.
• Yates v. Vance H. Bryan
  699 So. 2d 740· Fla. 1st DCA· 1997-08-07 ·cited 1×
  The court held that a civil contempt order for failure to pay a debt, and for an amount not previously ordered, is reversible error.
• Mueller v. Butterworth
  393 So. 2d 1158· Fla. 4th DCA· 1981-02-06 ·cited 1×
  Paul Mueller, removed as personal representative of an estate, was ordered by the trial court to return $83,024.79 to his successor and was incarcerated for contempt when he failed to comply. The appellate court granted habeas corpus relief, holding that incarceration for failure
• Everard v. Everard
  40 Fla. Supp. 74· Palm Beach Cty. Cir. Ct.· 1974-02-04 ·cited 1×
  In a post-divorce contempt proceeding, the court held that while the former husband could be held in contempt for failure to pay alimony and support, he could not be held in contempt for failure to pay third-party debts and past expenses due to the constitutional prohibition agai
• Schroll v. Schroll
  262 So. 3d 832· Fla. 1st DCA· 2018-12-14
  The Schrolls divorced in 2016, and after the former husband failed to comply with an equitable distribution order, the trial court held him in contempt. The former husband appeals, arguing the court lacked authority to enforce a monetary property settlement obligation through con
• Azzan Bin Abdulla AL Ghurair v. Georgi Zaczac, Sr.
  255 So. 3d 485· Fla. 3d DCA· 2018-09-20
  Al Ghurair, a UAE resident, appeals contempt orders and writs of bodily attachment issued by the trial court for his failure to pay a $1.925 million settlement agreement with his discharged law firms. The court reversed the contempt provisions, holding that using contempt power t
• Weber v. State
  649 So. 2d 253· Fla. 2d DCA· 1994-12-28
  Geoffrey Weber was convicted of misapplication of construction funds under Florida law, but the appellate court reversed because the state failed to prove the funds were used for a wrongful purpose. The court held that the statute requires proof of misapplication—defined as wrong
• Reno Lawrence DeFRANCES v. Knowles
  244 So. 2d 168· Fla. 2d DCA· 1970-12-11
  Reno Lawrence DeFrances appeals a contempt of court order for failure to pay court-ordered attorney's fees in a divorce proceeding. The court affirms the contempt finding, holding that contempt is a proper enforcement mechanism for monetary awards in divorce cases and does not co
• General Lee Gary v. State
  239 So. 2d 523· Fla. 4th DCA· 1970-08-28
  A state may not constitutionally imprison an indigent criminal defendant beyond the statutory maximum term for the offense due to failure to pay costs.
• Carter v. Lynch
  429 F.2d 154· 4th Cir.· 1970-07-09
  The court held that the civil arrest and release statutes were constitutional and that the evidence supported the denial of the judgment debtor's release from custody.
• Berman v. Berman
  202 F.2d 812· D.C. Cir.· 1953-02-12
  The court held that imprisonment for failure to pay a wife's counsel fees in a separate support suit is not statutorily authorized and thus the contempt order was erroneous in that respect.
• Woods v. Davis
  185 F.2d 567· 9th Cir.· 1950-11-28
  The court held that a defendant's inability to pay does not preclude an order for restitution of illegal rent overcharges, and such orders are not barred by the prohibition against imprisonment for debt.