ANTONIO BETANCOURT, PETITIONER,
v.
DONALD MANNING, DIRECTOR, DADE COUNTY DEPARTMENT OF CORRECTIONS AND REHABILITATION, RESPONDENT
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PER CURIAM.
The order finding the petitioner in civil contempt and committing him to jail for his failure to pay past due child support and attorney’s fees is deficient on its face because it does not contain a finding that Betancourt has the present ability to pay the purge amount. See Johnson v. Felton, 655 So. 2d 1286 (Fla. 3d DCA 1995); Fennell v. Felton, 655 So. 2d 1316 (Fla. 3d DCA 1995); Pino v. Felton, 647 So. 2d 335 (Fla. 3d DCA 1995). Moreover,. the record contains no evidence that he, in fact, has that ability. Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985). As a result, in accordance with our prior order releasing the petitioner from custody on his own recognizance and the “confession of error” subsequently filed by the respondent, judgment in habeas corpus is hereby awarded.
Habeas corpus granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Chandler v. Manning, 773 So. 2d 65 (Fla. 3d DCA 1997)
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Garcia v. Manning, 717 So. 2d 59 (Fla. 3d DCA 1998)…97); Brown v. Manning, 696 So. 2d 1367 (Fla. 3d DCA 1997); Rashid v. Manning, 22 Fla. L. Weekly D830, — So. 2d - (Fla. 3d DCA Mar. 27, 1997); Chandler v. Manning, 22 Fla. L. Weekly D823, — So. 2d - (Fla. 3d DCA Mar. 27, 1997); Betancourt v. Manning, 679 So. 2d 83 (Fla. 3d DCA 1996); Fennell v. Felton, 655 So. 2d 1316 (Fla. 3d DCA 1995); Johnson v. Felton, 655 So. 2d 1286 (Fla. 3d DCA 1995); Pino v. Felton, 647 So. 2d 335 (Fla. 3d DCA 1995).1 We address the facts of this case due to what we perceive to be a…
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Brown v. Manning, 696 So. 2d 1367 (Fla. 3d DCA 1997)…e because, as the state concedes, the order does not contain a finding that petitioner has the present ability to pay the purge amount. See Chandler v. Manning, 22 Fla. L. Weekly D823, — So. 2d -- (Fla. 3d DCA March 27, 1997); Betancourt v. Manning, 679 So. 2d 83 (Fla. 3d DCA 1996); Johnson v. Felton, 655 So. 2d 1286 (Fla. 3d DCA 1995); Fennell v. Felton, 655 So. 2d 1316 (Fla. 3d DCA 1995); Pino v. Felton, 647 So. 2d 335 (Fla. 3d DCA 1995). Moreover, the record contains no evidence that he, in fact, has that…
Previewing 3 of 6 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)
- Stevens v. State, 647 So. 2d 335 (Fla. 4th DCA 1995)
- ALL Clean Bldg. Maint., Inc. v. Winn Dixie Stores, Inc., 655 So. 2d 1316 (Fla. 3d DCA 1995)
- Bell v. Hickman, 655 So. 2d 1286 (Fla. 3d DCA 1995)
- Johnson v. Felton, 655 So. 2d 1286 (Fla. 3d DCA 1995)