JAMES HENRY STEPHENSON, APPELLANT,
v.
ROSIE HARDEN, A/K/A ROSIE STEPHENSON, INDIVIDUALLY, AND AS SHAREHOLDER OF LAKESIDE R.V. PARK, INC., A FLORIDA CORPORATION, APPELLEE
JAMES HENRY STEPHENSON, APPELLANT,
ROSIE HARDEN, A/K/A ROSIE STEPHENSON, INDIVIDUALLY, AND AS SHAREHOLDER OF LAKESIDE R.V. PARK, INC., A FLORIDA CORPORATION, APPELLEE
682 So. 2d 1198
Florida District Court of Appeal, Fourth District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This is an appeal from the denial of appellant’s motion for modification of a temporary child support order and the granting of appellee’s emergency motion for contempt. We affirm the former order but reverse the latter and remand because of two omissions therefrom.
First, the trial court failed to recite in the order that appellant had the present ability to pay. Second, the order failed to provide a way for appellant to purge the civil contempt and terminate the sentence, see International Medical Ctrs. v. Colavecchio, 563 So. 2d 784, 786 (Fla. 4th DCA 1990), thus transforming a civil contempt proceeding into an order in the form of indirect criminal contempt.
GLICKSTEIN and DELL, JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Shirley v. Elyse Shirley & Ron Cochran as Sheriff of Broward Cnty., 693 So. 2d 699 (Fla. 4th DCA 1997)…ed to follow the procedural requirements set out in Florida Rule of Criminal Procedure 3.840 for indirect criminal contempt, or the procedural requirements for civil contempt found in Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985); Stephenson v. Harden, 682 So. 2d 1198 (Fla. 4th DCA 1996); and In re Getty, 427 So. 2d 380, 382 (Fla. 4th DCA 1983). We quash the contempt order without prejudice to the circuit court renewing the contempt proceedings, following the appropriate procedures. PETITION GRANTED. POLEN, S…
Authorities Cited
- Int'l Med. Ctrs., Inc. v. Colavecchio, 563 So. 2d 784 (Fla. 4th DCA 1990)