ALEX SARRON, PETITIONER,
v.
FRED CRAWFORD, AS DIRECTOR OF THE DADE COUNTY JAIL, RESPONDENT
Explore caselaw by topic → Browse Willful Violation cases and more on FLexlaw
PER CURIAM.
Where, as here, there is neither an affirmative finding nor evidence in the record that the petitioner, at the time of his incarceration for civil contempt, had the ability to pay the amount ordered and thus obtain his release from incarceration, the incarceration, the aim of which is to coerce future compliance with the court’s order, is unlawful, see Bowen v. Bowen, 454 So. 2d 565 (Fla. 2d DCA 1984); Ponder v. Ponder, 438 So. 2d 541 (Fla. 1st DCA 1983), rev. denied, 447 So. 2d 887 (Fla.1984), and the petition for writ of habeas corpus must be granted. This ruling is without prejudice to the commencement of any appropriate criminal contempt proceeding to punish the petitioner for his willful violation of the court order which occurred well before the petitioner’s incarceration.
Petition for writ of habeas corpus granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997)…d DCA 1995) (granting habeas relief where evidence in civil contempt proceeding failed to show that petitioner had present ability to pay purge amount, relying on Bowen); Smith v. Felton, 654 So. 2d 620 (Fla. 3d DCA 1995) (same); Sarron v. Crawford, 464 So. 2d 644, 645 (Fla. 3d DCA 1985) (“Where ... there is neither an affirmative finding nor evidence in the record that the petitioner, at the time of his incarceration for civil contempt, had the ability to pay the amount ordered and thus obtain his release fr…
-
William Lawrence (Larry) LeNEVE v. Navarro, 565 So. 2d 836 (Fla. 4th DCA 1990)…to his cell.” Accordingly, the petition for writ of habeas corpus is granted, and the petitioner ordered discharged from custody, although without prejudice to the commencement of any appropriate criminal contempt proceeding, see Sarron v. Crawford, 464 So. 2d 644 (Fla. 3d DCA 1985), or further civil contempt proceedings. ANSTEAD, GUNTHER and POLEN, JJ., concur.…
-
Bronislaw Bajcar v. Monika Klaudia Bajcar, 247 So. 3d 613 (Fla. 3d DCA 2018)…lusion of that hearing, constituted a civil or criminal contempt. Generally speaking, a civil contempt is intended not to "punish" past conduct but to coerce future compliance. Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985) ; [*617] Sarron v. Crawford, 464 So. 2d 644 (Fla. 3d DCA 1985). In other words, civil contempt is prospective, seeking to compel the contemnor to comply with an existing court order or obligation. While civil contempt may, under appropriate circumstances, result in incarceration of the contem…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Torrez v. State, 438 So. 2d 541 (Fla. 2d DCA 1983)
- Bowen v. Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs., 454 So. 2d 565 (Fla. 2d DCA 1984)