Fayed v. Altshuler

673 So. 2d 579, 1996 Fla. App. LEXIS 5457, 1996 WL 271610

Opinion

PER CURIAM.

We reverse that portion of the trial court’s order providing for incarceration because of the absence of a finding that appellant has the present ability to pay the purge amount. Bowen v. Bowen, 471 So.2d 1274 (Fla.1985). Further, in our view, the record does not support a present ability to pay the purge amount of $18,743.11.

Oh remand the trial court is further directed to clarify whether incarceration was also ordered because of the formation of a professional association, it being error to order incarceration for so forming one unless appellant paid a $10,000 purge.

GUNTHER, C.J., GLICKSTEIN and SHAHOOD, JJ., concur.