Andrew Isaacs v. Marcia Isaacs

District Court of Appeal of Florida

Andrew Isaacs v. Marcia Isaacs

157 So. 3d 545, 2015 Fla. App. LEXIS 2618, 2015 WL 775455

CourtDistrict Court of Appeal of Florida

DecidedFebruary 25, 2015

Docket4D14-416

StatusPublished

This text of 157 So. 3d 545 (Andrew Isaacs v. Marcia Isaacs) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Andrew Isaacs v. Marcia Isaacs, 157 So. 3d 545, 2015 Fla. App. LEXIS 2618, 2015 WL 775455 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Florida Family Law Rule 12.615(d)(1) provides that a contempt order must contain findings that a contemnor had the present ability to pay support and willfully failed to comply with a prior court order. Also, the rule requires a contempt order to contain “a recital of the facts on which these findings are based.” If a court decides that incarceration is the appropriate sanction, the contempt order must also contain “a separate affirmative finding that the contemnor has the present ability to comply with the purge and the factual basis for that finding.” Fla. Fam. L.R.P. 12.615(e); Ramirez v. Ramirez, 84 So.3d 434, 434-35 (Fla. 4th DCA 2012). The order here at issue contained no recitation of facts to support the finding that appellant had the ability to comply with the court’s prior order. For this reason, we *546 reverse the order on motion for indirect civil contempt.

Reversed and Remanded.

GROSS, TAYLOR and LEVINE, JJ., concur.

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PER CURIAM.

Florida Family Law Rule 12.615(d)(1) provides that a contempt order must contain findings that a contemnor had the present ability to pay support and willfully failed to comply with a prior court order. Also, the rule requires a contempt order to contain “a recital of the facts on which these findings are based.” If a court decides that incarceration is the appropriate sanction, the contempt order must also contain “a separate affirmative finding that the contemnor has the present ability to comply with the purge and the factual basis for that finding.” Fla. Fam. L.R.P. 12.615(e); Ramirez v. Ramirez, 84 So.3d 434, 434-35 (Fla. 4th DCA 2012). The order here at issue contained no recitation of facts to support the finding that appellant had the ability to comply with the court’s prior order. For this reason, we *546 reverse the order on motion for indirect civil contempt.

Reversed and Remanded.

GROSS, TAYLOR and LEVINE, JJ., concur.

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Bluebook (online)

157 So. 3d 545, 2015 Fla. App. LEXIS 2618, 2015 WL 775455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrew-isaacs-v-marcia-isaacs-fladistctapp-2015.

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