E.S., A CHILD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Elliott v. Palm Beach Cnty. Sheriff Ric Bradshaw, 59 So. 3d 1182 (Fla. 4th DCA 2011)
  …some available asset, the contemnor holds no key to the jailhouse door”). An order holding a party in civil contempt must recite the facts upon which the finding of present ability to pay is based. Fla. Fam. L.R.P. 12.615(d)(1); Vazquez v. Vazquez, 827 So. 2d 384 (Fla. 4th DCA 2002). See also Fla. Fam. L.R.P. 12.615(e) (“The court shall include in its order a separate affirmative finding that the contemnor has the present ability to comply with the purge and the factual basis for that finding”). Pursuant to…
• Martyak v. Martyak, 873 So. 2d 405 (Fla. 4th DCA 2004)
  …ability to pay required for incarceration.” Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997) (internal quotations omitted). Martyak points to Cleveland v. Cleveland, 841 So. 2d 648 (Fla. 4th DCA 2003). Cleveland relied on Vazquez v. Vazquez, 827 So. 2d 384 (Fla. 4th DCA 2002), where this court reversed a contempt order that failed to meet the requirements of the Florida Family Rules of Procedure. In Vazquez we held: the order fail[ed] to comply with rule 12.615(d)(1), Florida Family Law Rules of Proc…
• Cleveland v. Cleveland, 841 So. 2d 648 (Fla. 4th DCA 2003)
  …t ability to pay the support, but this affidavit was summarily rejected by the trial court apparently based only on recollection of its previous findings and rejection of previous evidence presented at other contempt hearings. In Vazquez v. Vazquez, 827 So. 2d 384 (Fla. 4th DCA 2002), this court construed rule 12.615(d)(1) of the Florida Family Law Rules of Procedure as requiring the trial court to actually identify the sources from which the appellant could have obtained the funds to comply with a prior supp…

Authorities Cited

• C.T. v. State, 819 So. 2d 869 (Fla. 4th DCA 2002)