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

District Court of Appeal of Florida·Decided November 2, 2011·No. 3D11-525·Published

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.

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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