Brown v. Manning

District Court of Appeal of Florida

Brown v. Manning

696 So. 2d 1367, 1997 Fla. App. LEXIS 8593, 1997 WL 423133

CourtDistrict Court of Appeal of Florida

DecidedJuly 25, 1997

DocketNo. 97-2150

StatusPublished

Cited by1 cases

This text of 696 So. 2d 1367 (Brown v. Manning) 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

Brown v. Manning, 696 So. 2d 1367, 1997 Fla. App. LEXIS 8593, 1997 WL 423133 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

The order finding the petitioner in civil contempt and committing him to jail for his failure to pay past due child support is deficient on its face because, as the state concedes, the order does not contain a finding that petitioner has the present ability to pay the purge amount. See Chandler v. Manning, 22 Fla. L. Weekly D823, — So.2d -- (Fla. 3d DCA March 27, 1997); Betancourt v. Manning, 679 So.2d 83 (Fla. 3d DCA 1996); Johnson v. Felton, 655 So.2d 1286 (Fla. 3d DCA 1995); Fennell v. Felton, 655 So.2d 1316 (Fla. 3d DCA 1995); Pino v. Felton, 647 So.2d 335 (Fla. 3d DCA 1995). Moreover, the record contains no evidence that he, in fact, has that ability. See Bowen v. Bowen, 471 So.2d 1274 (Fla.1985). As a result, the judgment in habeas corpus sought is hereby awarded.

Habeas corpus granted, we order respondent to release petitioner forthwith.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The order finding the petitioner in civil contempt and committing him to jail for his failure to pay past due child support is deficient on its face because, as the state concedes, the order does not contain a finding that petitioner has the present ability to pay the purge amount. See Chandler v. Manning, 22 Fla. L. Weekly D823, — So.2d -- (Fla. 3d DCA March 27, 1997); Betancourt v. Manning, 679 So.2d 83 (Fla. 3d DCA 1996); Johnson v. Felton, 655 So.2d 1286 (Fla. 3d DCA 1995); Fennell v. Felton, 655 So.2d 1316 (Fla. 3d DCA 1995); Pino v. Felton, 647 So.2d 335 (Fla. 3d DCA 1995). Moreover, the record contains no evidence that he, in fact, has that ability. See Bowen v. Bowen, 471 So.2d 1274 (Fla.1985). As a result, the judgment in habeas corpus sought is hereby awarded.

Habeas corpus granted, we order respondent to release petitioner forthwith.

Cite This Page — Counsel Stack

Bluebook (online)

696 So. 2d 1367, 1997 Fla. App. LEXIS 8593, 1997 WL 423133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-manning-fladistctapp-1997.

Opinion

Related

Cite This Page — Counsel Stack