WILLIAM LOUIS ZEBRACKI, APPELLANT,
v.
CYNTHIA ELLEN ZEBRACKI, APPELLEE
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The court held that the contempt order must be reversed due to lack of findings regarding ability to pay and willful failure, and the property transfer must be reversed without a valuation.
The former husband appealed an order finding him in contempt and conveying his interest in the marital home to the former wife for child support arrea…
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PER CURIAM.
The former husband, William Ze-bracki, appeals from an order finding him in contempt and conveying his interest in the marital home to the former wife in lieu of payment for child support arrearages. We reverse. The trial court adopted a report of the general master without having the benefit of a written record of the proceedings in violation of rule 1.490(f), Florida Rules of Civil Procedure. See Berk v. Berk, 423 So. 2d 1018 (Fla. 4th DCA 1982).
The order of contempt must also be reversed because there was no finding of a present ability to pay and a willful failure to do so. Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985); LeNeve v. Navarro, 565 So. 2d 836 (Fla. 4th DCA 1990).
Former husband also argues that the court should not have ordered him to convey his interest in the former marital home to the former wife, to satisfy his indebtedness to her, in the absence of a finding as to the value of his interest in the home. We agree. Garland v. Garland, 118 So. 2d 52 (Fla. 3d DCA 1960).
REVERSED AND REMANDED.
KLEIN and PARIENTE, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
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de Clements v. de Clements, 662 So. 2d 1276 (Fla. 3d DCA 1995)…he principle that a trial court cannot generally ratify or adopt a Master’s report where the Master has failed to produce, and file with his or her report, a written record of the evidence and testimony presented before it. See Zebracki v. Zebracki, 648 So. 2d 850 (Fla. 4th DCA 1995); Knupp, 625 So. 2d at 867; Lopez v. Lopez, 622 So. 2d 153 (Fla. 3d DCA 1993); Gordin v. Gordin Int’l, Inc., 605 So. 2d 154, 155 (Fla. 4th DCA 1992). To sanction a judgment in accordance with a General Master’s report, without the…1 / 2
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Brown v. Brown, 658 So. 2d 627 (Fla. 5th DCA 1995)…llus v. Voltaire, 649 So. 2d 944, 944 (Fla. 4th DCA 1995). Another ground for reversal of the contempt order is that the trial court did not make any finding that Brown’s failure to pay court-ordered child support was willful. Zebracki v. Zebracki, 648 So. 2d 850, 850-51 (Fla. 4th DCA 1995); Washburn v. Washburn, 647 So. 2d 1044, 1045 n. 1 (Fla. 4th DCA 1994); Cummins, 615 So. 2d at 175. Further, the purge provision of the order was improper because it did not allow Brown to purge himself of the civil contem…
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Napoli v. Napoli, 689 So. 2d 1192 (Fla. 4th DCA 1997)…ort without a written record, erred in referring the case to a general master without the consent of the parties, and erred in approving the master’s report prior to consideration of appellant’s timely exceptions thereto.1 See Zebracki v. Zebracki, 648 So. 2d 850 (Fla. 4th DCA 1995); Rapaport v. Jewish Fed’n of Palm Beach County, Inc., 627 So. 2d 617 (Fla. 4th DCA 1993); Hanor v. Hinckley, 584 So. 2d 1129 (Fla. 4th DCA 1991). Accordingly, the final order finding appellant in contempt is REVERSED. DELL, S…
Authorities Cited
- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)
- Seena Tonkin Berk v. Berk, 423 So. 2d 1018 (Fla. 4th DCA 1982)
- Est. OF Jeanne Moffitt v. Moffitt, 565 So. 2d 836 (Fla. 4th DCA 1990)
- William Lawrence (Larry) LeNEVE v. Navarro, 565 So. 2d 836 (Fla. 4th DCA 1990)
- Garland v. Garland, 118 So. 2d 52 (Fla. 3d DCA 1960)