MICHAEL HOLLAND, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MICHAEL HOLLAND, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
576 So. 2d 436
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Upon consideration of the State's confession of error and our review of the record, appellant’s departure sentence is reversed and the cause remanded for resentencing within the guidelines.
Reversed and remanded.
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Hipschman v. Cochran, 683 So. 2d 209 (Fla. 4th DCA 1996)…der Bowen to fashion a remedy to obtain compliance with a court order. Bowen, 471 So. 2d at 1279. It is not uncommon, for example, that a person needs time to sell an asset before having the ability to make a given payment. See Thompson v. Thompson, 576 So. 2d 436 (Fla. 4th DCA 1991). In Mertens v. Mertens, 596 So. 2d 1285, 1286 (Fla. 4th DCA 1992), we held that: Part of the contempt order, however, is impermissible to the extent that it allows for prospective incarceration without due process protection. P…1 / 2
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Miller v. Miller, 587 So. 2d 601 (Fla. 5th DCA 1991)…9). Also, the civil contempt order improperly provides for automatic incarceration in the event of future noncompliance with the court’s order without requiring an additional hearing to determine appellant’s ability to pay. See Thompson v. Thompson, 576 So. 2d 436 (Fla. 4th DCA 1991); Phillips v. Phillips, 502 So. 2d 2 (Fla. 4th DCA 1986); Hilson v. Hilson, 145 So. 2d 557 (Fla. 3d DCA 1962). Order QUASHED in part and REMANDED. COWART and HARRIS, JJ„ concur.…
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Lubin v. Schumer, 593 So. 2d 599 (Fla. 3d DCA 1992)…gh it is unnecessary to reach this issue, we note that the trial court erred in failing to provide for an additional hearing prior to the entry of an order of commitment. Hilson v. Hilson, 145 So. 2d 557 (Fla. 3d DCA 1962); see Thompson v. Thompson, 576 So. 2d 436 (Fla. 4th DCA 1991).…
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