JOHN J. PALMA, PETITIONER,
v.
KEN JENNE, SHERIFF OF BROWARD COUNTY, FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that an incarceration order for civil contempt is defective if it lacks an affirmative finding of the petitioner's present ability to pay the purge amount.
Petitioner sought habeas corpus relief from an incarceration order, arguing it was facially defective. The order failed to include a finding that peti…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Ability To Pay Purge Amount cases and more on FLexlaw
PER CURIAM.
Petitioner seeks habeas corpus relief from an incarceration order. The order directing petitioner’s incarceration is defective on its face because it fails to contain an affirmative finding by the trial court that petitioner possessed the present ability to pay the purge amount. Mroz v. McCampbell, 699 So. 2d 1392 (Fla. 4th DCA 1997); Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997); Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985).
We recognize our holding in Atlas v. Atlas, 708 So. 2d 296 (Fla. 4th DCA 1998) but find it distinguishable because there was a record to support a finding of the petitioner’s ability to pay the purge. Additionally, we noted that Mr. Atlas’ failure to present evidence of his inability to pay the purge combined with his invocation of the Fifth Amendment permitted the trial court to have drawn an inference to further support a finding of ability to pay the purge. In this case there is no finding that petitioner had the ability to pay the purge amount such that civil contempt based incarceration order can stand.
We grant the petitioner’s petition for writ of habeas corpus and order his immediate release from incarceration without prejudice to the trial court, upon compliance with Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997), to again place the petitioner in detention. As in Mroz, no motion for rehearing will be entertained by this court, and the clerk is directed to issue mandate immediately.
HABEAS CORPUS GRANTED.
DELL and KLEIN, JJ., concur. FARMER, J., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bargiel v. Colt Studio, Inc., 901 So. 2d 315 (Fla. 4th DCA 2005)…ng petitioner to challenge the claimed amount of receiver’s fees and costs or setting the dollar amount for them. These omissions violated the requirements of civil contempt proceedings. See generally Bowen, 471 So. 2d 1274; see also Palma v. Jenne, 763 So. 2d 359, 359 (Fla. 4th DCA 1998); Pompey v. Cochran, 685 So. 2d 1007, 1015 (Fla. 4th DCA 1997). Further, we find that the provision in the contempt order on receiver’s fees and costs was not based on evidence of an actual loss by a party in the proceedings…
-
Griffin v. McNEIL, 995 So. 2d 1178 (Fla. 4th DCA 2008)…ling law, we grant the petition and direct that petitioner be released immediately. Because the state has not opposed this petition, a motion for rehearing shall not be entertained, and the mandate shall issue immediately. See, e.g., Palma v. Jenne, 763 So. 2d 359, 360 (Fla. 4th DCA 1998). GROSS, C.J., WARNER and SHAHOOD, JJ., concur.…
-
Silverman v. Bess Ann Silverman, 719 So. 2d 388 (Fla. 4th DCA 1998)
Previewing 3 of 4 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)
- Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997)
- Atlas v. Atlas, 708 So. 2d 296 (Fla. 4th DCA 1998)
- Earnest Lee Neil v. State, 699 So. 2d 1392 (Fla. 5th DCA 1997)