EDMOND C. LORD, APPELLANT,
v.
VERA E. LORD, APPELLEE
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The court held that a contempt order for failure to pay alimony must include a provision allowing the contemnor to purge the contempt by paying the arrearage.
Appellant was found guilty of willful contempt for failing to make alimony payments and was sentenced to jail. The contempt order did not specify how …
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This is an appeal from an order entered by the chancellor adjudging the appellant guilty of contempt.
On the contempt question a hearing was had before the chancellor, at which time the parties were present, represented by counsel, and testimony given on the issue of whether the appellant should be adjudged in contempt for failure to make alimony payments in accordance with an order of the court theretofore entered. Thereupon the chancellor determined that the appellant was guilty of willful contempt and committed him to the county jail for a period of IS days.
The contempt order failed to make provision by which appellant could purge himself of the contempt. The order appealed from should be modified to include the amount by which appellant was in default for alimony at the date of such order, and to provide that he may purge himself and be released from his sentence upon paying or causing such sum to be paid. Therefore, to that extent the order is reversed with direction to modify and amend the same in the manner stated. See Dykes v. Dykes, Fla.App., 104 So.2d 598; and Taylor v. Taylor, Fla.App.1957, 97 So.2d 35.
As to the other questions raised, the order appealed from is affirmed. On the petition for the allowance of attorneys’ fee for appellee’s attorneys in connection with this appeal, the sum of $200 is hereby allowed.
Affirmed in part and reversed in part.
KANNER, C. J., SHANNON, J., and SEBRING, HAROLD L., A. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Burton Ginsberg v. Ginsberg, 122 So. 2d 30 (Fla. 3d DCA 1960)…ayment of child support which failed to find and state the amount in default, should be amended to show the amount due and unpaid on the date of the contempt order. See, also, Taylor v. Taylor, Fla.App.1957, 97 So. 2d 35; Lord v. Lord, Fla.App.1958, 104 So. 2d 624; 27B C.J.S. Divorce § 262h; 17 Am. Jur., Divorce & Separation, § 807; 2 Nelson, Divorce and Annulment, § 16.20 (2d ed. 1945). The contempt order in the instant case did not set out the amount in default, but held there was a non-compliance with the…
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Tabas v. Alice lola Hudson, 175 So. 2d 224 (Fla. 3d DCA 1965)…failure to pay a money judgment. Affirmed in part; reversed in part. . The order of contempt gave the contem-nor the right to purge himself of the contempt. See and compare: Dykes v. Dykes, Fla.App.1958, 104 So. 2d 598; Lord v. Lord, Fla.App.1958, 104 So. 2d 624; State ex rel. Byrd v. Anderson, Fla. App.1964, 168 So. 2d 554; Wallens v. Buchanan, Fla.App.1964, 168 So. 2d 687.…
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Williams v. Williams, 277 So. 2d 542 (Fla. 2d DCA 1973)…ix months imprisonment. Clearly, on the face of the record, this is a civil contempt proceeding; yet, there was “no way” for appellant to be released from jail until he served the six months sentence. On the authority of Lord v. Lord, Fla.App. 1958, 104 So. 2d 624, and the cases cited therein, we have no alternative but to remand this cause to the trial court to modify the provisions of the order of contempt to allow appellant to purge himself and be released from the sentence upon payment by him to appellee…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dykes v. Dykes, 104 So. 2d 598 (Fla. 3d DCA 1958)
- Taylor v. Taylor, 97 So. 2d 35 (Fla. 2d DCA 1957)