JEAN ROSE CARLIN, APPELLANT,
v.
STAN CARLIN, APPELLEE
PER CURIAM.
Upon consideration of the record on appeal and the brief of the appellant (petitioner below) 1 we are of the opinion that the order adjudicating the petitioner in contempt for failure to comply with the final judgment of dissolution was erroneous. A review of the final judgment of dissolution reflects the existence of a property settlement agreement voluntarily entered into by the parties the violation of which is not enforceable by contempt but only by the usual remedies available to a creditor against his debtor. Howell v. Howell, Fla.App.1968, 207 So. 2d 507; cf. 10A Fla.Jur., Dissolution of Marriage, sec. 11. Accordingly, the order of contempt is reversed and the cause remanded for such further proceedings as may be consistent herewith.
Reversed and remanded.
OWEN, C. J., and MAGER and DOW-NEY, JJ., concur. . The court notes with some disdain the failure of the appellee to file a brief as required by Rule 3.7, subd. b, F.A.R. Failure to file a brief not only places an undue burden upon the appellate court but, additionally reflects an omission of the responsibility on the part of the appellee to support the ruling of the trial court. If the trial court’s ruling is not worthy of support then the appellee ought to confess error and join with the appellant in seeking a reversal. Cf. Holden v. City of Fort Lauderdale, Fla.App.1973, 286 So. 2d 218; Ramirez v. Ramirez, 309 So. 2d 25, Fourth District Court of Appeal Case No. 74-1086 opinion filed February 28, 1975.
Cases With Similar Vibessemantic neighbors from the corpus
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Burke v. Burke, 336 So. 2d 1237 (Fla. 4th DCA 1976)…nt relies on the general rule that the contempt process may not be utilized to enforce payments required under a property settlement agreement, such payments being enforceable only as ordinary claims between a creditor and a debtor. Carlin v. State, 310 So. 2d 403 (Fla. 4th DCA 1975); Howell v. Howell, 207 So. 2d 507 (Fla. 2d DCA 1968); State v. Phillips, 193 So. 2d 26 (Fla. 2d DCA 1966); State ex rel. Cahn v. Mason, 148 Fla. 264, 4 So. 2d 255 (1941). The $1,956.26 is clearly a payment required under the ter…
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Veiga v. State, 561 So. 2d 1335 (Fla. 5th DCA 1990)…ness.” Property division awards may not be enforced by contempt; the only remedies are those available to creditors against debtors. Underwood v. Underwood, 64 So. 2d 281 (Fla.1953); Hine v. Hine, 558 So. 2d 496 (Fla. 3d DCA 1990); Carlin v. Carlin, 310 So. 2d 403 (Fla. 4th DCA 1975); Howell v. Howell, 207 So. 2d 507 (Fla. 2d DCA 1968); 25 Fla. Jur.2d Family Law § 383 (1981). Only provisions for payment of support, spousal or child, are enforceable by contempt proceedings. See Howell at 512; cf. Gibson v. Ben…
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Marks v. Marks, 457 So. 2d 1137 (Fla. 1st DCA 1984)…oted provision of the final judgment is solely in the nature of a property settlement and is not enforceable by contempt. Ball v. Ball, 440 So. 2d 677 (Fla. 1st DCA 1983); Schminkey v. Schminkey, 400 So. 2d 121 (Fla. 4th DCA 1981); Carlin v. Carlin, 310 So. 2d 403 (Fla. 4th DCA 1975); Corbin v. Etheridge, 296 So. 2d 59 (Fla. 1st DCA 1974). REVERSED. WIGGINTON, J., concurs. JOANOS, J., concurs specially with opinion.…
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- Howell v. Howell, 207 So. 2d 507 (Fla. 2d DCA 1968)
- Holden v. City OF Fort Lauderdale, 286 So. 2d 218 (Fla. 4th DCA 1973)
- Roulston v. Roulston, 309 So. 2d 25 (Fla. 1st DCA 1975)