GRAIG A. WALTZER, APPELLANT,
v.
LESLIE A. WALTZER, APPELLEE
GRAIG A. WALTZER, APPELLANT,
LESLIE A. WALTZER, APPELLEE
549 So. 2d 769
Florida District Court of Appeal, Third District (1989)
Caution
Cited by 19 cases
Opinion of the Court
PER CURIAM.
Affirmed.
SCHWARTZ, C.J., and BASKIN, J., concur.
Dissent
COPE, Judge
(dissenting).
In my view the record does not contain substantial competent evidence to support the trial court’s conclusion that the appellant has the present ability to pay $2,000 in order to purge himself of civil contempt for failure to pay child support and alimony required by the decree in the parties’ dissolution of marriage. See Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985). Appellee’s arguments may be entirely appropriate on an indirect criminal contempt, but not a civil contempt. I would reverse the order under review.
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Cellular Warehouse, Inc. v. GH Cellular, LLC, 957 So. 2d 662 (Fla. 3d DCA 2007)…ch the damages are not liquidated, the order setting an action for trial shall be served on parties who are in default in accordance with rule 1.080(a).” . To support this proposition, GH Cellular cites to this Court's opinion in Rutshaw v. Arakas, 549 So. 2d 769 (Fla. 3d DCA 1989). Rutshaw, however, is not controlling in the instant case. First, the issue in Rutshaw was one of insufficient notice, not lack of notice. Indeed, in Rutshaw, after a default was entered, a trial on damages was held with one day's…
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Sterling Factors Corp. v. U.S. Bank Nat'l Ass'n, 968 So. 2d 658 (Fla. 2d DCA 2007)…vidence that the party received actual notice of the proceedings generally, see Craven, 226 So. 2d at 410; Cohen v. Drucker, 677 So. 2d 953, 954 (Fla. 4th DCA 1996), and timely notice of the entry of any judgment against them, see Rutshaw v. Arakas, 549 So. 2d 769 (Fla. 3d DCA 1989). Procedural defects not affecting jurisdiction must be addressed by a timely motion for rehearing, an appeal, or a timely motion for relief from judgment pursuant to rule 1.540(b)(1), (2), or (3). In support of its argument that…1 / 3
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Sacco v. Douglas Slavin, M.D., 641 So. 2d 955 (Fla. 3d DCA 1994)…‘intended to serve as a substitute for the new trial mechanism prescribed by Rule 1.530 nor as a substitute for appellate review of judicial error.’ ” Curbelo v. Ullman, 571 So. 2d 443, 444 (Fla.1990) (citation omitted); see also Rutshaw v. Arakas, 549 So. 2d 769, 770 (Fla. 3d DCA 1989), and cases cited therein. Here, as in Curbelo, defendants “had notice of the proceedings and had ample time to move for a new trial or file a notice of appeal.” 571 So. 2d at 445. We conclude that the order denying relief fro…
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- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)