VICTOR R. FLORES, PETITIONER,
v.
ED BIELUCH, SHERIFF OF PALM BEACH COUNTY, RESPONDENT
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PER CURIAM.
We grant the petition for writ of habeas corpus in part, and deny it in part. Although the civil commitment order allows petitioner to avoid incarceration by paying a purge, it fails to include a provision which would allow him to purge his contempt after incarceration by paying the purge amount. On remand, the order must be amended to include such a provision. See Ferrero v. Ferrero, 720 So. 2d 320 (Fla. 4th DCA 1998); Alves v. Barnett Mortgage Co., 688 So. 2d 459, 460 (Fla. 4th DCA 1997).
The petition is denied in all other respects. We find that the respondent, Debra Flores, presented substantial, competent evidence of petitioner’s present ability to pay the purge provision. This case is distinguishable from Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997), where the trial court lacked affirmative evidence of the petitioner’s present ability to pay the purge amount. As well, Pompey was based on law prior to section 61.14(5)(a), Florida Statutes, which controls the burden of proof in this case.
GRANTED IN PART, DENIED IN PART, AND REMANDED FOR AMENDMENT OF CIVIL COMMITMENT ORDER. DELL, FARMER and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Elliott v. Palm Beach Cnty. Sheriff Ric Bradshaw, 59 So. 3d 1182 (Fla. 4th DCA 2011)…ant to section 61.14(5)(a), Florida Statutes (2010), husband is presumed to have a continuing ability to pay the alimony award, and he had the burden at the contempt hearing of proving that he lacks [*1185] the ability to pay. See Flores v. Bieluch, 814 So. 2d 448 (Fla. 4th DCA 2001) (recognizing that section 61.14(5)(a) controls the burden of proof in this type of case). A trial court’s factual finding regarding ability to pay will be sustained if supported by competent substantial evidence. See, e.g., Clev…
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Pace v. Sharese M. Pace (Fla. 5th DCA 2020)…sumed to have a continuing ability to pay the alimony award, and . . . [has] the burden at the contempt hearing of proving that he lacks the ability to pay.” Elliott v. Bradshaw, 59 So. 3d 1182, 1184–85 (Fla. 4th DCA 2011) (citing Flores v. Bieluch, 814 So. 2d 448, 448 (Fla. 4th DCA 2001)). The trial court found here that Appellant failed to overcome this presumption and failed to carry his burden. In reaching this conclusion, the trial court noted that Appellant never seemed to have money to pay his support…
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Pace v. Sharese M. Pace (Fla. 5th DCA 2020)…sumed to have a continuing ability to pay the alimony award, and . . . [has] the burden at the contempt hearing of proving that he lacks the ability to pay.” Elliott v. Bradshaw, 59 So. 3d 1182, 1184–85 (Fla. 4th DCA 2011) (citing Flores v. Bieluch, 814 So. 2d 448, 448 (Fla. 4th DCA 2001)). The trial court found here that Appellant failed to overcome this presumption and failed to carry his burden. In reaching this conclusion, the trial court noted that Appellant never seemed to have money to pay his support…
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- Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997)
- Rediker v. State, 688 So. 2d 459 (Fla. 1st DCA 1997)
- Alves v. Barnett Mortg. Co. & J.J. Kislak Mortg. Corp., 688 So. 2d 459 (Fla. 4th DCA 1997)
- Ferrero v. Ferrero, 720 So. 2d 320 (Fla. 4th DCA 1998)