JOE BENJAMIN UPCHURCH, APPELLANT,
v.
WILLADEAN CLAUDETTE UPCHURCH, APPELLEE
PER CURIAM.
Appellant seeks review of an order of the trial court finding him in contempt for nonpayment of child support and committing him to the county jail. Upon consideration that the order fails to indicate a specific finding of appellant’s ability to comply with the underlying order of support and his willful refusal to do so, it is
ORDERED that the above-styled appeal is hereby remanded to the Circuit Court for Orange County, Florida, with directions to make a finding of appellant’s ability to pay child support, if supported by the record, or to vacate the order of contempt. See Fair-cloth v. Faircloth, 339 So. 2d 650 (Fla.1976).
REMANDED WITH INSTRUCTIONS.
ORFINGER, C. J., and SHARP and CO-WART, JJ., concur.
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Harding Realty, Inc. v. Turnberry Towers Corp., 436 So. 2d 983 (Fla. 3d DCA 1983)…ment. Hamrick v. Cooper River Lumber Co., 223 S.C. 119, 74 S.E. 2d 575 (1953) (and cases cited therein); O’Boyle v. Dubose-Killeen Properties, Inc., 430 S.W. 2d 273 (Tex.Civ.App.1968) (and cases cited therein); see also Mark Realty, Inc. v. Rogness, 418 So. 2d 373, 376 (Fla. 5th DCA 1982) (dicta); 3A A. Corbin, Corbin on Contracts § 639 (1951); Annot., 74 A.L.R.2d 437 (1960). This principle applies a fortiori in the present case where the commission agreement, drafted by the broker, expresses that entitlement…
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- Faircloth v. Faircloth, 339 So. 2d 650 (Fla. 1976)