Israel v. Jenne

District Court of Appeal of Florida

Israel v. Jenne

820 So. 2d 336, 2002 Fla. App. LEXIS 3697, 2002 WL 481007

CourtDistrict Court of Appeal of Florida

DecidedMarch 11, 2002

DocketNo. 4D02-818

StatusPublished

Cited by2 cases

This text of 820 So. 2d 336 (Israel v. Jenne) 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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Israel v. Jenne, 820 So. 2d 336, 2002 Fla. App. LEXIS 3697, 2002 WL 481007 (Fla. Ct. App. 2002).

Pincite

Opinion

PER CURIAM.

We grant the former husband’s petition for writ of habeas corpus and direct that he be discharged immediately, without prejudice to the trial court again incarcerating him upon compliance with the applicable provisions of rule 12.615, Florida Family Law Rules of Procedure. See Macci v. Macc% 807 So.2d 816 (Fla. 4th DCA 2002); Bickis v. Broward County Sheriff, 763 So.2d 487 (Fla. 4th DCA 2000).

The order incarcerating him for contempt for failure to make alimony and support payments to the former wife does not include a recital of the facts on which the findings required by rule 12.615(d)(1) are based nor a factual basis for the separate affirmative finding that he has the present ability to comply with the purge amount required by rule 12.615(e).

No rehearing shall be entertained. Clerk is directed to issue a mandate simultaneously with this opinion.

SHAHOOD, TAYLOR and HAZOURI, JJ., concur.

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