NICHOLAS D. ROEHRICK, PETITIONER,
v.
KELLY L. WHEELER, RESPONDENT
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GRIFFIN, J.
Petitioner, Nicholas D. Roehrick, seeks a petition for writ of habeas corpus to obtain release from incarceration by the Sheriff of Orange County, Florida. His incarceration is based on an order of contempt entered on October 18, 1999, due to petitioner’s failure to pay previously ordered child support. Petitioner urges that: “there was no evidence presented that indicated that the petitioner had the present ability to pay the purge amount.”
We issued an order for the petitioner to supplement the record with several items, including the transcript of the hearing held on October 18, 1999 that resulted in the order under review. The petitioner has informed us that no court reporter was present and no record of this hearing exists. The lower court found in the “Judgment and Sentence for Contempt” under review that petitioner was “able to presently pay the amount of $7,172.71.” There is no basis for this court to determine this finding was not supported by competent substantial evidence.
WRIT DENIED.
ANTOON, C.J., W. SHARP, J., concur.
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Lockett v. State, 769 So. 2d 1141 (Fla. 5th DCA 2000)…he persists, this court will issue a show cause order pursuant to State v. Spencer, 751 So. 2d 47 (Fla.1999), as to why he should not be denied further access to this court. See Harvey v. State, 748 So. 2d 1057 (Fla. 5 th DCA 1999); Carnes v. State, 745 So. 2d 569 (Fla. 5 th DCA 1999), rev. denied, No. SC99-202, 767 So. 2d 454 (Fla.2000). AFFIRMED. THOMPSON, C.J., SAWAYA, and PLEUS, JJ., concur.…
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Carnes v. State, 781 So. 2d 489 (Fla. 5th DCA 2001)…698 So. 2d 576 (Fla. 5th DCA 1997). Second, this court will issue a show cause order pursuant to State v. Spencer, 751 So. 2d 47, 1999 WL 742294 (Fla. Sept.23, 1999), as to why he should not be denied further access to this court. Carnes v. State, 745 So. 2d 569 (Fla. 5th DCA 1999). The Florida Supreme Court held, however, that we do not have the authority to have a prisoner’s gain time forfeited. Hall v. State, 752 So. 2d 575 (Fla.2000). After Hall was decided, Carnes decided to return to this court. Ther…1 / 2