Finch v. Finch

District Court of Appeal of Florida

Finch v. Finch

565 So. 2d 897, 1990 Fla. App. LEXIS 6439, 1990 WL 121791

CourtDistrict Court of Appeal of Florida

DecidedAugust 22, 1990

DocketNo. 90-01116

StatusPublished

This text of 565 So. 2d 897 (Finch v. Finch) 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.

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Finch v. Finch, 565 So. 2d 897, 1990 Fla. App. LEXIS 6439, 1990 WL 121791 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Gordon L. Finch, Jr., takes this appeal from a finding of contempt for failure to make alimony payments. The contempt order did not expressly find that appellant had the present ability to pay as required by Bowen v. Bowen, 471 So.2d 1274 (Fla.1985). Because we perceive that there was sufficient evidence from which the trial judge could have made that finding, we remand for the trial judge to make such finding or to vacate the contempt order. Faircloth v. Faircloth, 339 So.2d 650 (Fla.1976); Brown v. Brown, 502 So.2d 77 (FLa. 3d DCA 1987).

SCHOONOVER, C.J., and CAMPBELL, and SCHEB, JJ., concur.

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PER CURIAM.

Gordon L. Finch, Jr., takes this appeal from a finding of contempt for failure to make alimony payments. The contempt order did not expressly find that appellant had the present ability to pay as required by Bowen v. Bowen, 471 So.2d 1274 (Fla.1985). Because we perceive that there was sufficient evidence from which the trial judge could have made that finding, we remand for the trial judge to make such finding or to vacate the contempt order. Faircloth v. Faircloth, 339 So.2d 650 (Fla.1976); Brown v. Brown, 502 So.2d 77 (FLa. 3d DCA 1987).

SCHOONOVER, C.J., and CAMPBELL, and SCHEB, JJ., concur.

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565 So. 2d 897, 1990 Fla. App. LEXIS 6439, 1990 WL 121791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finch-v-finch-fladistctapp-1990.

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