Roundtree v. Felton
This text of 656 So. 2d 584 (Roundtree v. Felton) 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.
Opinion
Richard ROUNDTREE, Petitioner,
v.
Charles FELTON, Director, Dade County Corrections and Rehabilitation, Respondent.
District Court of Appeal of Florida, Third District.
Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for petitioner.
Robert A. Butterworth, Atty. Gen., and Fredericka Sands, Asst. Atty. Gen., for respondent.
Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.
PER CURIAM.
Based on respondent's appropriate confession of error, we grant the petition for writ of habeas corpus and quash the order of incarceration. The record does not support the trial court's finding that petitioner had the ability to pay the purge amount; furthermore, the court failed to follow proper procedures for instituting criminal contempt proceedings. Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985); Pino v. Felton, 647 So.2d 335 (Fla. 3d DCA 1995).
Writ issued.
The petitioner shall be released forthwith.
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Cite This Page — Counsel Stack
656 So. 2d 584, 1995 WL 373338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roundtree-v-felton-fladistctapp-1995.