GLEN A. HOFFMAN, APPELLANT,
v.
KYE S. HOFFMAN, APPELLEE
BARFIELD, Judge.
Appellant raises three issues on appeal. We affirm as to the first and second issues and reverse as to the third. The trial court’s order provided that appellant would be summarily jailed upon the filing of an affidavit stating appellant failed to make future support payments or to pay assessed attorneys fees. The order has features of both civil and criminal contempt. As a civil contempt order, it fails to comply with the requirements of Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985), decided after the court below issued the instant order. The order also fails to comply with the requirements for criminal contempt. Ponder v. Ponder, 438 So. 2d 541 (Fla. 1st DCA 1983). The order is REVERSED as it relates to confinement upon filing of an affidavit of noncompliance with the court’s order, but is otherwise AFFIRMED. Future proceedings for contempt should be conducted in light of the cited cases.
ERVIN and WIGGINTON, JJ., concur.
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Mays v. State, 519 So. 2d 618 (Fla. 1988)…EHRLICH, Justice. We have for review Mays v. State, 502 So. 2d 1330 (Fla. 4th DCA 1987) in which the district court expressly acknowledged conflict with Hughes v. State, 497 So. 2d 938 (Fla. 1st DCA 1986) and Gaffney v. State, 497 So. 2d 1292 (Fla. 5th DCA 1986) rev. denied, 506 So. 2d 1041 (Fla.1987), on the issue of whether the procedural due process safeguards espoused in Jenkins v. State, 444 So. 2d 947 (Fla.1984), apply to th…
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Grimes v. State, 499 So. 2d 42 (Fla. 1st DCA 1986)…fter a defendant is given adequate notice, and an opportunity to object. Also, the collection of the costs can be enforced only after a finding that the defendant has the ability to pay. Jenkins v. State, 444 So. 2d 947 (Fla. 1984); Hughes v. State, 497 So. 2d 938 (Fla. 1st DCA 1986). However we reject appellant’s argument that Section 27.3455 is unconstitutional in that the title is defective or that it embraces more than one subject matter. Hughes. Based on the above we find that the trial court erred in im…
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Skinner v. State, 498 So. 2d 618 (Fla. 1st DCA 1986)…PER CURIAM. The appealed judgment imposing costs pursuant to sections 27.3455(1) and 960.20, Florida Statutes (1985), is reversed because the trial court failed to determine appellant’s indigency status at the time of the hearing. Hughes v. State, 497 So. 2d 938, (Fla. 1st DCA 1986); Slaughter v. State, 493 So. 2d 1109 (Fla. 1st DCA 1986); Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986). We do not consider appellant’s ex post facto argument because it was not properly raised in the court below. Slaughte…
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- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)
- Torrez v. State, 438 So. 2d 541 (Fla. 2d DCA 1983)