Overcash v. Overcash

District Court of Appeal of Florida

Overcash v. Overcash

135 So. 3d 575, 2014 WL 1393035, 2014 Fla. App. LEXIS 5321

CourtDistrict Court of Appeal of Florida

DecidedApril 11, 2014

DocketNo. 5D13-1160

StatusPublished

Cited by2 cases

This text of 135 So. 3d 575 (Overcash v. Overcash) 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

Overcash v. Overcash, 135 So. 3d 575, 2014 WL 1393035, 2014 Fla. App. LEXIS 5321 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

Appellant, William Todd Overcash, appeals numerous civil contempt orders. The Order on Motion for Contempt and Enforcement was based on a void order. As a result, we reverse that order. Fisher v. State, 840 So.2d 325, 381 (Fla. 5th DCA 2003). In addition, the Order on Amended Motion for Indirect Civil Contempt lacked the requisite findings of fact establishing that Appellant had the present ability to make the ordered payments. See Bowen v. Bowen, 471 So.2d 1274, 1280 (Fla.1985) (explaining that in the event court finds party in civil contempt “trial judge must separately find that the contemnor has the present ability to pay the purge amount before incarceration can be imposed to obtain compliance with the court order”). We, therefore, reverse that order and remand with instructions that the lower court include the appropriate findings of fact to support the order. In all other respects, we affirm.

REVERSED and REMANDED.

TORPY, C.J., ORFINGER and COHEN, JJ., concur.

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PER CURIAM.

Appellant, William Todd Overcash, appeals numerous civil contempt orders. The Order on Motion for Contempt and Enforcement was based on a void order. As a result, we reverse that order. Fisher v. State, 840 So.2d 325, 381 (Fla. 5th DCA 2003). In addition, the Order on Amended Motion for Indirect Civil Contempt lacked the requisite findings of fact establishing that Appellant had the present ability to make the ordered payments. See Bowen v. Bowen, 471 So.2d 1274, 1280 (Fla.1985) (explaining that in the event court finds party in civil contempt “trial judge must separately find that the contemnor has the present ability to pay the purge amount before incarceration can be imposed to obtain compliance with the court order”). We, therefore, reverse that order and remand with instructions that the lower court include the appropriate findings of fact to support the order. In all other respects, we affirm.

REVERSED and REMANDED.

TORPY, C.J., ORFINGER and COHEN, JJ., concur.

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Bluebook (online)

135 So. 3d 575, 2014 WL 1393035, 2014 Fla. App. LEXIS 5321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/overcash-v-overcash-fladistctapp-2014.

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