RICHARD ROUNDTREE, PETITIONER,
v.
CHARLES FELTON, DIRECTOR, DADE COUNTY CORRECTIONS AND REHABILITATION, RESPONDENT

Fla. 3d DCA | 1995-06-20
No. 95-1748
Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.
656 So. 2d 584 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 6 cases

Opinion of the Court
'PER CURIAM.

'PER CURIAM.

Based on respondent’s appropriate confession of error, we grant the petition for writ of habeas corpus and quash the order of incarceration. The record does not support the trial court’s finding that petitioner had the ability to pay the purge amount; furthermore, the court failed to follow proper procedures for instituting criminal contempt proceedings. Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985); Pino v. Felton, 647 So. 2d 335 (Fla. 3d DCA 1995).

Writ issued.

The petitioner shall be released forthwith.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997)
    …to whether one’s liberty is legally restrained. To honor the state’s request would be to turn such an extraordinary proceeding into a general inquiry in the nature of appellate review. Id. at 1318 (emphasis supplied); see also Roundtree v. Felton, 656 So. 2d 584 (Fla. 3d DCA 1995) (granting habeas relief where evidence in civil contempt proceeding failed to show that petitioner had present ability to pay purge amount, relying on Bowen); Smith v. Felton, 654 So. 2d 620 (Fla. 3d DCA 1995) (same); Sarron v. Cr…
  • Blalock v. Rice, 707 So. 2d 738 (Fla. 2d DCA 1997)
    …this court for a writ of habeas corpus challenging the legality of her confinement for indirect criminal contempt in a domestic relations matter. We have jurisdiction. See Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997); Roundtree v. Felton, 656 So. 2d 584 (Fla. 3d DCA 1995); Jackson v. State, 562 So. 2d 855 (Fla. 5th DCA 1990); Durant v. Boone, 509 So. 2d 1275 (Fla. 1st DCA 1987). At the time this petition was filed, Blalock had already served almost two months of a sixteen-month sentence. Her pligh…
  • Torres v. Torres, 739 So. 2d 599 (Fla. 2d DCA 1997)
    …2d DCA 1984). A final judgment of dissolution, such as has been present in the circumstances of this case since 1992, establishes the obligations of each party regarding child support until such judgment is modified or set aside. Marrero v. Pescow, 656 So. 2d 584 (Fla. 4th DCA 1995); see also State, Dep’t of Revenue ex rel. Pulliam v. Watt, 681 So. 2d 800 (Fla. 2d DCA 1996) (court erred by attempting to retroactively make former wife into obligor where former husband had not sought modification of Ohio judgm…

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