Philipp v. Department of Revenue Ex Rel. Philipp

District Court of Appeal of Florida

Philipp v. Department of Revenue Ex Rel. Philipp

73 So. 3d 360, 2011 Fla. App. LEXIS 17362, 2011 WL 5169971

CourtDistrict Court of Appeal of Florida

DecidedNovember 2, 2011

Docket3D11-525

StatusPublished

This text of 73 So. 3d 360 (Philipp v. Department of Revenue Ex Rel. Philipp) 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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Philipp v. Department of Revenue Ex Rel. Philipp, 73 So. 3d 360, 2011 Fla. App. LEXIS 17362, 2011 WL 5169971 (Fla. Ct. App. 2011).

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Opinion

SUAREZ, J.

Anton L. Philipp appeals an adjudication for contempt for failure to pay child support. As we conclude that the trial court did not have before it competent substantial evidence of Mr. Philipp’s present ability to pay, we reverse the adjudication of contempt. See Bowen v. Bowen, 471 So.2d 1274, 1278 (Fla.1985). Based on the Department of Revenue’s concession of error, we also reverse the purge amount.

Reversed and remanded.

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SUAREZ, J.

Anton L. Philipp appeals an adjudication for contempt for failure to pay child support. As we conclude that the trial court did not have before it competent substantial evidence of Mr. Philipp’s present ability to pay, we reverse the adjudication of contempt. See Bowen v. Bowen, 471 So.2d 1274, 1278 (Fla.1985). Based on the Department of Revenue’s concession of error, we also reverse the purge amount.

Reversed and remanded.

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73 So. 3d 360, 2011 Fla. App. LEXIS 17362, 2011 WL 5169971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philipp-v-department-of-revenue-ex-rel-philipp-fladistctapp-2011.

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