GARY ROSEN, APPELLANT,
v.
HEDY ROSEN, APPELLEE
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Florida appellate court reversed a contempt order for failure to pay temporary alimony because the trial court failed to make required findings regarding the contemnor's present ability to comply and failed to specify the exact purge amount.
A civil contempt order for failure to pay temporary alimony is facially defective and must be reversed when the trial court fails to make a separate affirmative finding that the contemnor possesses present ability to comply with purge conditions and fails to specify the exact dollar amount necessary to purge contempt.
[1] A civil contempt order for failure to pay alimony must include a separate affirmative finding that the contemnor possesses present ability to comply with purge conditions…
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Requirement from Bowen v. Bowen for valid civil contempt orders in alimony cases
Gary Rosen was ordered to pay temporary support and maintenance to Hedy Rosen. Hedy Rosen filed an emergency motion for contempt alleging Gary Rosen w…
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PER CURIAM.
Gary Rosen appeals an order granting Hedy Rosen’s emergency motion for contempt for failure to comply with the trial court’s order awarding Hedy Rosen temporary support and maintenance. We reverse because the order fails to make the specific findings required by Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985). Although there was sufficient competent evidence to support the trial court’s conclusion that Gary Rosen willfully disobeyed the prior order awarding temporary alimony, the trial court’s order of contempt is facially defective. First, it does not satisfy the requirement in Bowen that, in order to incarcerate the civil contemnor, the trial court “must make a separate, affirmative finding that the contemnor possesses the present ability to comply with the purge conditions set forth in the contempt order.” Id. at 1279. Second, Hedy Rosen concedes that the order fails to adequately inform Gary Rosen of the exact dollar amount necessary to purge his contempt.
Accordingly, we reverse that portion of the order directing that Gary Rosen be incarcerated if he fails to pay Hedy Rosen. We remand to the trial court for further proceedings. See Campbell v. Campbell, 571 So. 2d 555 (Fla. 4th DCA 1990).
REVERSED AND REMANDED.
HERSEY, C.J., and GUNTHER and WARNER, JJ., concur.
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Walden v. Professor Abel Adekola & The Dist. Bd. of Trs. of Miami-Dade Cmty. Coll., 773 So. 2d 1218 (Fla. 3d DCA 2000)…nd to be in contempt for willful nonpayment of alimony. In the contempt context, the courts have routinely insisted that the required findings appear on the face of the order, see Howell v. Howell, 700 So. 2d 467 (Fla. 1st DCA 1997); Rosen v. Rosen, 579 So. 2d 846 (Fla. 4th DCA 1991); Pradas v. Prados, 561 So. 2d 6 (Fla. 3d DCA 1990); Weeks v. Weeks, 490 So. 2d 1059 (Fla. 2d DCA 1986), regardless of whether the issue was raised in the trial court. Since the order now before us does not contain the required f…
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Alves v. Barnett Mortg. Co. & J.J. Kislak Mortg. Corp., 688 So. 2d 459 (Fla. 4th DCA 1997)…tion. This opinion explains our reasoning. The civil contempt order in this case is defective because it lacks a specific purge provision adequately informing appellant 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 ja…
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Gabriele Helbig v. Werner Schneider in Bankruptcy for Gerhard Helbig, 686 So. 2d 742 (Fla. 2d DCA 1997)…ean that service by publication may be used (provided the case is one of those enumerated in section 49.011) only when personal service cannot be effected. Batchin v. Barnett Bank, 647 So. 2d 211 (Fla. 2d DCA 1994); Gross v. Fidelity Fed. Sav. Bank, 579 So. 2d 846 (Fla. 4th DCA 1991). Service by publication was improper in this case because the appellee did not establish that personal service upon the appellant could not be effected. Appellee did not establish this because, as stated above, appellee faded to…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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)
- Campbell v. Lizabeth Campbell, 571 So. 2d 555 (Fla. 4th DCA 1990)