Stephenson v. Harden

District Court of Appeal of Florida

Stephenson v. Harden

682 So. 2d 1198, 1996 Fla. App. LEXIS 11939, 1996 WL 656369

CourtDistrict Court of Appeal of Florida

DecidedNovember 13, 1996

DocketNo. 95-3705

StatusPublished

Cited by1 cases

This text of 682 So. 2d 1198 (Stephenson v. Harden) 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

Stephenson v. Harden, 682 So. 2d 1198, 1996 Fla. App. LEXIS 11939, 1996 WL 656369 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

This is an appeal from the denial of appellant’s motion for modification of a temporary child support order and the granting of ap-pellee’s emergency motion for contempt. We affirm the former order but reverse the latter and remand because of two omissions therefrom.

First, the trial court failed to recite in the order that appellant had the present ability to pay. Second, the order failed to provide a way for appellant to purge the civil contempt and terminate the sentence, see International Medical Ctrs. v. Colavecchio, 563 So.2d 784, 786 (Fla. 4th DCA 1990), thus transforming a civil contempt proceeding into an order in the form of indirect criminal contempt.

GLICKSTEIN and DELL, JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.

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PER CURIAM.

This is an appeal from the denial of appellant’s motion for modification of a temporary child support order and the granting of ap-pellee’s emergency motion for contempt. We affirm the former order but reverse the latter and remand because of two omissions therefrom.

First, the trial court failed to recite in the order that appellant had the present ability to pay. Second, the order failed to provide a way for appellant to purge the civil contempt and terminate the sentence, see International Medical Ctrs. v. Colavecchio, 563 So.2d 784, 786 (Fla. 4th DCA 1990), thus transforming a civil contempt proceeding into an order in the form of indirect criminal contempt.

GLICKSTEIN and DELL, JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.

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Bluebook (online)

682 So. 2d 1198, 1996 Fla. App. LEXIS 11939, 1996 WL 656369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephenson-v-harden-fladistctapp-1996.

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