FRANK PALMER, APPELLANT,
v.
SILVIA PALMER, APPELLEE
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PER CURIAM.
The contempt order under review may not stand because, while the evidence may be sufficient to support both forms of contempt,1 the proceedings below do not sustain either one. The order itself is fatally defective if treated as one of civil contempt because it contains neither a finding of present ability to pay, Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985), nor an appropriate purge provision. See Hammond v. Sandstrom, 376 So. 2d 466 (Fla. 3d DCA 1979). Similarly, no finding of criminal contempt may be upheld because the provisions of Florida Rule of Criminal Procedure 3.840, which are indispensable to such a conclusion, were not followed below. Accordingly, the order below is vacated and the cause remanded for further proceedings under either or both types of contempt.
Vacated and remanded with directions.
. We specifically reject the appellant’s contention that his obligation to pay may not be enforced by contempt. Cf. Riley v. Riley, 509 So. 2d 1366 (Fla. 5th DCA 1987).
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Alves v. Barnett Mortg. Co. & J.J. Kislak Mortg. Corp., 688 So. 2d 459 (Fla. 4th DCA 1997)…of the exact dollar amount necessary to purge his contempt. See Rosen v. Rosen, 579 So. 2d 846 (Fla. 4th DCA 1991); see also Small v. Small, 422 So. 2d 1054 (Fla. 4th DCA 1982); Novak v. Snieda, 659 So. 2d 1138 (Fla. 2d DCA 1995); Palmer v. Palmer, 530 So. 2d 508 (Fla. 3d DCA 1988). Because the purge provision is the contemnor’s key to the jailhouse cell, see Bowen v. Bowen, 471 So. 2d 1274, 1277 (Fla.1985), it is essential that the contemnor — and the jailor — be apprised of the exact amount of the purge wh…
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J-Ii Invs., Inc. v. Leon Cnty., 21 So. 3d 86 (Fla. 1st DCA 2009)…. However, “[w]hile civil contempt sanctions do not require the same procedural and constitutional protections as criminal contempt, [ ] to be a valid civil contempt sanction the contempt order must include a purge provision.” Id.; Palmer v. Palmer, 530 So. 2d 508 (Fla. 3d DCA 1988). “Without this critical protection, there is a danger that the contempt sanction could be transformed from a civil to a criminal contempt sanction without any other underlying procedural protections attendant to criminal proceedin…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)
- Riley v. Riley, 509 So. 2d 1366 (Fla. 5th DCA 1987)
- Hammond v. Sandstrom, 376 So. 2d 466 (Fla. 3d DCA 1979)