JACOB MILLER, PETITIONER,
v.
KARA MILLER MURRAH, RESPONDENT

Fla. 5th DCA | 2009-05-15
No. 5D08-4101
SAWAYA, ORFINGER and LAWSON, JJ., concur.
14 So. 3d 1019 Florida District Court of Appeal, Fifth District (2009) Positive Treatment
Cited by 3 cases
Topics
Ability To Purge Contempt Civil Contempt Writ Of Habeas Corpus

Explore caselaw by topic → Browse Ability To Purge Contempt cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner sought habeas corpus release after he was found in civil contempt for failing to pay child support and was ordered to be held in county jail for ninety days, with a purge amount of $2,500. He argued that the trial court failed to make a finding of his present ability to purge the amount; therefore, immediate discharge was mandated. We agreed and ordered his immediate discharge, with this opinion to follow.

Under the facts presented in this case, no written order was rendered beyond a court action form and no finding of present ability to purge was made by the trial judge. Incarceration for civil contempt cannot be imposed absent a finding by the trial court that the contemnor has the present ability to purge himself of the contempt. See Bowen v. Bowen, 471 So.2d 1274 (Fla.1985). We grant the petitioner’s petition for writ of habeas corpus, immediate release having previously been ordered.

PETITION GRANTED.

SAWAYA, ORFINGER and LAWSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Monroe Cnty. v. Carter, 41 So. 3d 954 (Fla. 3d DCA 2010)
    …is barred by the doctrines of laches and equitable estoppel; and by directing the special magistrate to dismiss the notices of violation.6 Petition granted; amended opinion of January 11, 2010, quashed. . Monroe County Code Enforcement v. Carter, 14 So. 3d 1019 (Fla. 3d DCA 2009). In the prior case, we granted certiorari and quashed a circuit court order that dismissed the County’s notice of code violations by the respondent on procedural grounds. . Monroe County, Fla., Code §§ 6-4 (unsafe buildings), 6-4…
  • Grant v. Kopp, 27 So. 3d 190 (Fla. 5th DCA 2010)
    …res findings of willful failure to pay ordered amounts. If incarceration is ordered as a result of the contempt, the court must make the affirmative finding that the contemnor possesses the present ability to comply with the purge. Miller v. Murrah, 14 So. 3d 1019 (Fla. 5th DCA 2009); Brown v. Brown, 658 So. 2d 627 (Fla. 5th DCA 1995). Since no written order was rendered setting forth the requisite findings to support incarceration, we grant the petition for writ of habeas corpus, immediate release having pre…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw