CLEVELAND PLUMMER, APPELLANT,
v.
CINDY COPELAND AND THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEES; EDDIE LEE RANDOLPH, JR., APPELLANT, V. LENORA DAISEY ANDERSON AND THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEES
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The contempt power may be used to enforce child support payments assigned to the state under Section 409.2561(3), Florida Statutes (1979).
This case involves the issue of whether contempt power can be used to enforce child support payments that have been assigned to the state. Two prior F…
The full statement of facts, procedural history, and disposition for this case are member content.
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THOMPSON, Judge.
This ease presents the issue of whether the contempt power may be used to enforce the payment of child support assigned to the state under Section 409.2561(3), Florida Statutes (1979). We conclude that the contempt power may be used to enforce this payment.
This same issue has been addressed, with differing results, by two other Florida District Courts of Appeal. In Andrews v. Walton, 400 So. 2d 790 (Fla.2d DCA 1981), the court reasoned that the assignment of child support payments to the state under Section 409.2561(3), Florida Statutes (1979) does not change the nature of the obligation. Accordingly, Andrews held that imprisonment for failure to pay child support payments assigned under Section 409.-2561(3), Florida Statutes (1979) is legal. A contrary result was reached by the third district in Chapman v. Lamm, 388 So. 2d 1048 (Fla.3d DCA 1980), prob. juris, noted, No. 59,922 (Fla., oral argument heard September 4, 1981).
We adopt with approval the rationale of Andrews. Accordingly, the orders of contempt in the instant cases are affirmed.
ERVIN and BOOTH, JJ., concur.
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Robinson v. State, 761 So. 2d 269 (Fla. 1999)…ermitted to withdraw a plea “if he files a proper motion and proves that the plea was entered under mental weakness, mistake, surprise, misapprehension, fear, promise, or other circumstances affecting his rights” (emphasis supplied). Baker v. State, 408 So. 2d 686, 687 (Fla. 2d DCA 1982). Id. at 634. In order to show cause why the plea should be withdrawn, mere allegations are not enough; the defense must offer proof that the plea was not voluntarily and intelligently entered. See Gore v. State, 552 So. 2d 1…
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Tanzi v. State, 964 So. 2d 106 (Fla. 2007)…d to withdraw a plea “if he files a proper motion and proves that the plea was entered under mental weakness, mistake, surprise, misapprehension, fear, promise, or other circumstances affecting his rights” (emphasis supplied). [*114] Baker v. State, 408 So. 2d 686, 687 (Fla. 2d DCA 1982). Id. at 274 (emphasis omitted) (quoting Yesnes v. State, 440 So. 2d 628, 634 (Fla. 1st DCA 1983)). At the trial level, “[i]n order to show cause why the plea should be withdrawn, mere allegations are not enough; the defense…
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Yesnes v. State, 440 So. 2d 628 (Fla. 1st DCA 1983)…rmitted to withdraw a plea “if he files a proper motion and proves that the plea was entered under mental weakness, mistake, surprise, misapprehension, fear, promise, or other circumstances affecting his rights ” (emphasis supplied). Baker v. State, 408 So. 2d 686, 687 (Fla. 2d DCA 1982). The uncontroverted testimony before the court below was no doubt sufficient to warrant allowing defendant to withdraw the nolo contendere plea. Defendant’s testimony was sufficiently corroborated by the doctor, under questi…1 / 2
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Chapman v. Lamm, 388 So. 2d 1048 (Fla. 3d DCA 1980)
- Andrews v. Ada Mae Walton & the Fla. Dep't of Health & Rehabilitative Servs., 400 So. 2d 790 (Fla. 2d DCA 1981)