JOHN TED PATRICK, APPELLANT,
v.
TONI ANN PATRICK, APPELLEE
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In this family law appeal, the Florida Second District Court of Appeal vacated a civil contempt order against a former husband for failing to meet financial obligations under a marital settlement agreement, finding that the trial court failed to provide adequate notice of the contempt proceedings and failed to make required factual findings regarding the defendant's ability to pay.
The court vacated the contempt order because the trial court failed to follow required procedures and make adequate factual findings. The notice was insufficient to apprise Dr. Patrick of the severe consequences of a contempt finding, and the contempt order contained no written findings that Dr. Patrick had the present ability to pay the attorney's fees or amounts due under the marital settlement agreement.
[1] A civil contempt order must be vacated when the trial court fails to make the required factual findings regarding the alleged contemnor's ability to pay financial obligat…
[2] A party facing a civil contempt motion must receive adequate notice detailing the procedures and potential consequences of the motion.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Rule 12.615 details the procedure that the trial court must follow before holding a person in civil contempt. The rule mandates the findings that the trial court must make and requires the order of contempt to recite the facts on which the trial court bases its findings.”
Establishes the mandatory procedural and factual finding requirements for civil contempt orders under family law rules
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJohn Ted Patrick was ordered by the trial court to satisfy certain financial obligations contained in a marital settlement agreement with his former w…
The full statement of facts, procedural history, and disposition for this case are member content.
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LaROSE, Judge.
John Ted Patrick, the former husband, appeals the trial court’s nonfinal order holding him in civil contempt for failing to satisfy certain financial obligations contained in a marital settlement agreement. The trial court reserved jurisdiction to enforce its order and to impose sanctions, including incarceration. Dr. Patrick also appeals the trial court’s award of attorney’s fees to the former wife, Toni Ann Patrick.
Dr. Patrick did not receive adequate notice detailing the procedures and potential consequences surrounding the former wife’s contempt motion. Additionally, the trial court failed to make the factual findings required by Florida Rule of Family Law Procedure 12.615, including those regarding Dr. Patrick’s ability to pay the financial obligations or the attorney’s fees. Consequently, we vacate the order of contempt.
Rule 12.615 details the procedure that the trial court must follow before holding a person in civil contempt. The rule mandates the findings that the trial court must make and requires the order of contempt to recite the facts on which the trial court bases its findings. Fla. Fam. L.R.P. 12.615(d)(1); Bresch v. Henderson, 761 So. 2d 449, 450-51 (Fla. 2d DCA 2000).
Here, the required procedures were not followed and the factual findings were inadequate. Initially, we note that the notice was insufficient to apprise Dr. Patrick of the severe consequences attending a finding of contempt. See Bresch, 761 So. 2d at 451 (holding that fundamental fairness requires adequate notice to alleged contemnor of potential consequences). Further, despite a finding that Dr. Patrick lived in a home valued at three million dollars, the contempt order contains no written findings that Dr. Patrick, in fact, had the present ability to pay attorney’s fees or the amounts that may be due under the marital settlement agreement. See Giallanza v. Dep’t of Revenue ex rel. Giallanza, 799 So. 2d 256, 258 (Fla. 2d DCA 2001). These deficiencies require us to vacate the order of contempt. See Bresch, 761 So. 2d at 451.
Vacated and remanded for further proceedings.
CANADY and VILLANTI, JJ., Concur.
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Citator
Authorities Cited
- Bresch v. Cal Henderson, 761 So. 2d 449 (Fla. 2d DCA 2000)
- Giallanza v. Dep't OF Revenue, 799 So. 2d 256 (Fla. 2d DCA 2001)