JOSE RABA, JR., PETITIONER,
v.
DONALD MANNING, DIRECTOR, DADE COUNTY, DEPT. OF CORRECTIONS, 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 is deficient on its face 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 - [1997 WL 149232] (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 ability. See Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985). As a result, the judgment in habeas corpus sought is hereby awarded.
Habeas corpus granted, we order respondent to release petitioner forthwith.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Garcia v. Manning, 717 So. 2d 59 (Fla. 3d DCA 1998)…re to pay past due child support was improperly entered because the record in this case is devoid of any evidence that petitioner has the present ability to pay the purge amount. Portee v. Manning, 702 So. 2d 546 (Fla. 3d DCA 1997); Raba v. Manning, 696 So. 2d 1367 (Fla. 3d DCA 1997); Paez v. Manning, 696 So. 2d 1368 (Fla. 3d DCA 1997); 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…1 / 2
Authorities 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)
- Betancourt v. Manning, 679 So. 2d 83 (Fla. 3d DCA 1996)
- 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)
- Chandler v. Manning, 773 So. 2d 65 (Fla. 3d DCA 1997)