THERESA VOIGT, APPELLANT,
v.
ALEXANDER VOIGT, APPELLEE
THERESA VOIGT, APPELLANT,
ALEXANDER VOIGT, APPELLEE
505 So. 2d 626
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We agree with the appellant that the trial court erred in holding her in contempt for refusing to return certain personalty belonging to the husband without conducting an evidentiary hearing to determine her present ability to comply with the court's order. See Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985).
The order of contempt is reversed, and this cause is remanded for the trial court with directions to conduct the requisite evidentiary hearing.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
LEO v. LEO, 79 So. 3d 188 (Fla. 4th DCA 2012)…While our review of the record indicates that relevant evidence may have been presented during the preceding dissolution proceedings, Former Wife was still entitled to present evidence in the context of a civil contempt hearing. See Voigt v. Voigt, 505 So. 2d 626, 626 (Fla. 3d DCA 1987) (reversing order finding wife in contempt for refusing to return husband’s belongings where trial court failed to conduct evidentiary hearing on wife’s present ability to comply). Reversed and remanded. POLEN and TAYLOR, JJ…
Authorities Cited
- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)