EX PARTE: RAY F. KOONS
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An order of contempt must be definite and certain, and the evidence must show wilful refusal to pay, not mere inability.
Petitioner sought habeas corpus to review a contempt order for failure to pay alimony and child support. The order directed incarceration until furthe…
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This is an original proceeding in habeas corpus to review an order holding petitioner in contempt for failure to pay alimony to his former wife, and support for his children.
The order directed the incarceration of petitioner for failure to pay $100.00 until the further order of court.
It appeared that about thirty days previous, the court had determined petitioner’s responsibility and ability to pay certain sums; that he was now in default in the amount of $100.00; that petitioner had petitioned for a modification order and his former wife had moved for a rule against him.
We first consider the legality of the order in question. The law is well settled in this State that an order in contempt must be definite and certain. State, ex rel. Trezevant v. McLeod, 126 Fla. 229, 170 So. 735; State, ex rel. Bearden v. Pearson, 132 Fla. 878, 182 So. 233.
The order should be so full and complete that no further direction should be required by the executive officer to fully execute the same and also release the *627contemnor when the order is satisfied. The order is therefore ineffectual.
It would serve no useful purpose to remand petitioner for proper sentence. The evidence does not show a wilful refusal to pay. To the contrary, it is shown an inability to pay.
The petitioner is discharged.
Brown, C. J., Whitfield and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State of Fla. ex rel. Marvin D. Byrd v. Howard "Andy" Anderson, 168 So. 2d 554 (Fla. 1st DCA 1964)…past due alimony, or until the further order of the court, it is void for indefiniteness and uncertainty. See State ex rel. Trezevant v. McLeod, 126 Fla. 229, 170 So. 735; State ex rel. Bearden v. Pearson, 132 Fla. 878, 182 So. 233; Ex parte Koons, 148 Fla. 625, 4 So. 2d 852.” The contempt judgment and sentence before us is deficient in another re [*556] spect — in failing to recognize and carry into effect the rule established in Florida that in a case of civil contempt the con-temnor “carries the key of…
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Ottis Tal Hilson v. Hilson, 145 So. 2d 557 (Fla. 3d DCA 1962)…er in contempt must be definite and certain * * * [and] so full and complete that no further direction should be required by the executive officer to fully execute the same and also release the contemnor when the order is satisfied.” Ex parte Koons, 148 Fla. 625, 4 So. 2d 852. This court has held a contempt order defective which failed to specify the amounts to be paid thereunder in that there was no showing of the sums which thus could be paid by the contemnor to purge himself and become entitled to be rel…
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Avery v. DeWITT Sinclair, 153 Fla. 767 (Fla. 1943)…past due alimony, or until the further order of the court, it is void for indefiniteness and uncertainty. See State ex rel. Trezevant v. McLeod, 126 Fla. 229, 170 So. 735; State ex rel. Bearden v. Pearson, 132 Fla. 878, 182 So. 233; Ex parte Koons, 148 Fla. 625, 4 So. (2nd) 852, It is therefore ordered and adjudged that petitioner be discharged without prejudice to the circuit court to enter such other or further legal judgment as may be required and shall be in accordance with law. It is so ordered. BU…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. McLeod, 126 Fla. 229 (Fla. 1936)
- State v. Pearson, 132 Fla. 878 (Fla. 1938)