Rashid v. Manning

District Court of Appeal of Florida

Rashid v. Manning

773 So. 2d 65, 1997 Fla. App. LEXIS 3101, 1997 WL 149237

CourtDistrict Court of Appeal of Florida

DecidedMarch 27, 1997

DocketNo. 97-843

StatusPublished

This text of 773 So. 2d 65 (Rashid v. Manning) 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

Rashid v. Manning, 773 So. 2d 65, 1997 Fla. App. LEXIS 3101, 1997 WL 149237 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Because, as the respondent jailer apparently concedes, the record not only does not support, but is directly contrary to the trial court’s pro forma finding that the petitioner, who is incarcerated pursuant to an order of civil contempt for his failure to pay child support, has the present ability to pay the purge amount, the petition for Habeas Corpus is granted with directions that he forthwith be discharged from cus[66]*66tody. Betancourt v. Manning, 679 So.2d 83 (Fla. 3d DCA 1996); Roundtree v. Felton, 656 So.2d 584 (Fla. 3d DCA 1995); Johnson v. Felton, 655 So.2d 1286 (Fla. 3d DCA 1995); Blanco v. Roth, 655 So.2d 213 (Fla. 3d DCA 1995). See generally Pompey v. Cochran, 685 So.2d 1007 (Fla. 4th DCA 1997).

Petition granted.¹

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PER CURIAM.

Because, as the respondent jailer apparently concedes, the record not only does not support, but is directly contrary to the trial court’s pro forma finding that the petitioner, who is incarcerated pursuant to an order of civil contempt for his failure to pay child support, has the present ability to pay the purge amount, the petition for Habeas Corpus is granted with directions that he forthwith be discharged from cus[66]*66tody. Betancourt v. Manning, 679 So.2d 83 (Fla. 3d DCA 1996); Roundtree v. Felton, 656 So.2d 584 (Fla. 3d DCA 1995); Johnson v. Felton, 655 So.2d 1286 (Fla. 3d DCA 1995); Blanco v. Roth, 655 So.2d 213 (Fla. 3d DCA 1995). See generally Pompey v. Cochran, 685 So.2d 1007 (Fla. 4th DCA 1997).

Petition granted.¹

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773 So. 2d 65, 1997 Fla. App. LEXIS 3101, 1997 WL 149237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rashid-v-manning-fladistctapp-1997.

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