David Coggins v. Jessica Coggins

• Court: District Court of Appeal of Florida
• Decided: February 25, 2026
• Docket: 3D2025-2199
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 25, 2026. Not final until disposition of timely filed motion for rehearing.

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No. 3D25-2199 Lower Tribunal No. 18-12460-FC-04 ________________

David Coggins, Appellant,

vs.

Jessica Coggins, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, George A. Sarduy, Judge.

David Coggins, in proper person.

Abramowitz & Associates, and Jordan B. Abramowitz, for appellee.

Before SCALES, C.J., and LINDSEY and BOKOR, JJ.

PER CURIAM. Affirmed. See Bowen v. Bowen, 471 So. 2d 1274, 1278–79 (Fla.

1985) (“This initial judicial determination creates, in subsequent

proceedings, a presumption that there is an ability to pay. In a civil

contempt proceeding for failure to pay child support or alimony, the movant

must show that a prior court order directed the party to pay the support or

alimony, and that the party in default has failed to make the ordered

payments. The burden of producing evidence then shifts to the defaulting

party, who must dispel the presumption of ability to pay by demonstrating

that, due to circumstances beyond his control which intervened since the

time the order directing him to pay was entered, he no longer has the ability

to meet his support obligations.”); see also St. Petersburg Hous. Auth. v.

J.R. Dev., 706 So. 2d 1377, 1378 (Fla. 2d DCA 1998) (“Rehearing is not

intended as a device to present additional evidence that was available,

although not presented, at the original trial [or hearing].”).