WILLIAM TODD OVERCASH, APPELLANT,
v.
LORI ANN OVERCASH N/K/A LORI ANN FOULTZ, APPELLEE
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Appellant, William Todd Overcash, appeals numerous civil contempt orders. The Order on Motion for Contempt and Enforcement was based on a void order. As a result, we reverse that order. Fisher v. State, 840 So.2d 325, 381 (Fla. 5th DCA 2003). In addition, the Order on Amended Motion for Indirect Civil Contempt lacked the requisite findings of fact establishing that Appellant had the present ability to make the ordered payments. See Bowen v. Bowen, 471 So.2d 1274, 1280 (Fla.1985) (explaining that in the event court finds party in civil contempt “trial judge must separately find that the contemnor has the present ability to pay the purge amount before incarceration can be imposed to obtain compliance with the court order”). We, therefore, reverse that order and remand with instructions that the lower court include the appropriate findings of fact to support the order. In all other respects, we affirm.
REVERSED and REMANDED.
TORPY, C.J., ORFINGER and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Campos v. Joana Campos, 230 So. 3d 553 (Fla. 1st DCA 2017)…ents and rendered an oral ruling in a proceeding, the judge retains the authority to perform the ministerial act of reducing that ruling to writing.”). The “proceedings” subject to being voided are limited to judicial acts. See Overcash v. Overcash, 135 So. 3d 575, 576 (Fla. 5th DCA 2014) (mem.) (reversing order of contempt based on a void order); Fisher v. State, 840 So. 2d 325, 330-31 (Fla. 5th DCA 2003) (invalidating as void an order entered after proceeding for which no notice was given); Wells v. State,…
Authorities Cited
- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)
- Fisher v. State, 840 So. 2d 325 (Fla. 5th DCA 2003)