CHARLES V. FAILLA, APPELLANT,
v.
MAUREEN M. FAILLA, APPELLEE
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PER CURIAM.
In these consolidated appeals, the husband seeks review of: (1) an ex parte order, entered without notice, enjoining him from removing assets, claimed by the wife; (2) an order denying the motion to dissolve the restraining order; (3) an order requiring payment of temporary alimony and child support; and (4) contempt orders entered August 28, 1979 and August 30, 1979, respectively, for noncompliance with the temporary support order. The contempt orders are reversed for failure to recite affirmative findings that: (1) the husband had the present ability to comply with the temporary support order and willfully refused to do so; or (2) that he previously had the ability to comply but divested himself of that ability through fault or neglect designed to frustrate the purpose and intent of the order. Faircloth v. Faircloth, 339 So. 2d 650 (Fla.1976); Hamra v. Hamra, 350 So. 2d 538 (Fla.3d DCA 1977).
As no abuse has been demonstrated in the entry of the interlocutory orders appealed from, they are affirmed.
Affirmed in part and reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Safie v. Safie, 416 So. 2d 485 (Fla. 3d DCA 1982)…47 So. 2d 418 (Fla.1977); Faircloth v. Faircloth, 339 So. 2d 650 (Fla.1976); DuBois v. DuBois, 412 So. 2d 23 (Fla. 3d DCA 1982); Halpern v. Halpern, 384 So. 2d 889 (Fla. 3d DCA 1980); Blum v. Blum, 382 So. 2d 52 (Fla. 3d DCA 1980); Failla v. Fallia, 379 So. 2d 1329 (Fla. 3d DCA 1980); Murphy v. Murphy, 370 So. 2d 403 (Fla. 3d DCA 1979); Hamra v. Hamra, 350 So. 2d 538 (Fla. 3d DCA 1977). This deficiency in the trial court’s order is not remedied, as the wife contends, by the fact that the husband’s financial af…
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Halpern v. Halpern, 384 So. 2d 889 (Fla. 3d DCA 1980)…lity to comply but divested himself of that ability through fault or neglect designed to frustrate the purpose and intent of the order. Garo v. Garo, 347 So. 2d 418 (Fla.1977); Faircloth v. Faircloth, 339 So. 2d 650 (Fla.1976); and Failla v. Failla, 379 So. 2d 1329 (Fla. 3d DCA 1980). We note additional error. The order of the trial court finds the husband to be in contempt of court for failing to pay medical bills of his children. Although we recognize the husband has failed to obtain a major medical policy…
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Badour v. State of Fla. & Debra L. Badour, 653 So. 2d 511 (Fla. 4th DCA 1995)…ate marital assets before the final judgment for the protection of future alimony awards and that trial courts may issue injunctive orders pursuant to rule 1.610, Fla.R.Civ.P., to protect marital assets for equitable distribution); Failla v. Failla, 379 So. 2d 1329, 1330 (Fla. 3d DCA 1980) (holding no abuse of discretion shown where trial court entered interlocutory order enjoining husband from removing assets claimed by wife); McRae v. McRae, 52 So. 2d 908, 909 (Fla.1951) (holding courts of equity have the in…
Authorities Cited
- Faircloth v. Faircloth, 339 So. 2d 650 (Fla. 1976)
- Hamra v. Hamra, 350 So. 2d 538 (Fla. 3d DCA 1977)