Jensen v. Jensen

District Court of Appeal of Florida

Jensen v. Jensen

35 So. 3d 972, 2010 Fla. App. LEXIS 6633, 2010 WL 1905040

CourtDistrict Court of Appeal of Florida

DecidedMay 7, 2010

Docket5D10-1460

StatusPublished

Cited by1 cases

This text of 35 So. 3d 972 (Jensen v. Jensen) 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

Jensen v. Jensen, 35 So. 3d 972, 2010 Fla. App. LEXIS 6633, 2010 WL 1905040 (Fla. Ct. App. 2010).

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Opinion

PER CURIAM.

Michael Jensen seeks habeas corpus relief after being sentenced to 80 days for civil contempt, in failing to pay court ordered child support as well as other costs and fees earlier ordered. We agree that the order of contempt must be vacated.

The petitioner correctly argues that the written order holding him in contempt does not make any findings of present ability to satisfy the purge amount set at $3500. See Carbonell v. Department of Revenue, 30 So.3d 664 (Fla. 5th DCA 2010). The respondent does not dispute this contention, but merely asserts that the transcript of the hearing in this matter supports the finding of contempt and the 30 day sentence imposed. Unfortunately, even if the respondent is correct, the trial judge has utilized a form order which does not include the requisite “separate affirmative finding that the contemnor has the present ability to comply with the purge and the factual basis for that finding.” See Fla. Fam. R.P. 12.615(e). As such, the order of contempt cannot stand.

The petitioner further requests that this court order the case be reassigned to another trial judge. Since no proper basis has been asserted or established for such relief, the request is denied.

PETITION GRANTED, vacating order of contempt.

MONACO, C.J., GRIFFIN and ORFINGER, JJ., concur.

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PER CURIAM.

Michael Jensen seeks habeas corpus relief after being sentenced to 80 days for civil contempt, in failing to pay court ordered child support as well as other costs and fees earlier ordered. We agree that the order of contempt must be vacated.

The petitioner correctly argues that the written order holding him in contempt does not make any findings of present ability to satisfy the purge amount set at $3500. See Carbonell v. Department of Revenue, 30 So.3d 664 (Fla. 5th DCA 2010). The respondent does not dispute this contention, but merely asserts that the transcript of the hearing in this matter supports the finding of contempt and the 30 day sentence imposed. Unfortunately, even if the respondent is correct, the trial judge has utilized a form order which does not include the requisite “separate affirmative finding that the contemnor has the present ability to comply with the purge and the factual basis for that finding.” See Fla. Fam. R.P. 12.615(e). As such, the order of contempt cannot stand.

The petitioner further requests that this court order the case be reassigned to another trial judge. Since no proper basis has been asserted or established for such relief, the request is denied.

PETITION GRANTED, vacating order of contempt.

MONACO, C.J., GRIFFIN and ORFINGER, JJ., concur.

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Bluebook (online)

35 So. 3d 972, 2010 Fla. App. LEXIS 6633, 2010 WL 1905040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jensen-v-jensen-fladistctapp-2010.

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