Zebracki v. Zebracki

District Court of Appeal of Florida

Zebracki v. Zebracki

648 So. 2d 850, 1995 Fla. App. LEXIS 2375, 1995 WL 15567

CourtDistrict Court of Appeal of Florida

DecidedJanuary 18, 1995

DocketNo. 93-1164

StatusPublished

Cited by3 cases

This text of 648 So. 2d 850 (Zebracki v. Zebracki) 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

Zebracki v. Zebracki, 648 So. 2d 850, 1995 Fla. App. LEXIS 2375, 1995 WL 15567 (Fla. Ct. App. 1995).

Pincite

Opinion

PER CURIAM.

The former husband, William Ze-bracki, appeals from an order finding him in contempt and conveying his interest in the marital home to the former wife in lieu of payment for child support arrearages. We reverse. The trial court adopted a report of the general master without having the benefit of a written record of the proceedings in violation of rule 1.490(f), Florida Rules of Civil Procedure. See Berk v. Berk, 423 So.2d 1018 (Fla. 4th DCA 1982).

The order of contempt must also be reversed because there was no finding of a present ability to pay and a willful failure to do so. Bowen v. Bowen, 471 So.2d 1274 [851]*851(Fla.1985); LeNeve v. Navarro, 565 So.2d 836 (Fla. 4th DCA 1990).

Former husband also argues that the court should not have ordered him to convey his interest in the former marital home to the former wife, to satisfy his indebtedness to her, in the absence of a finding as to the value of his interest in the home. We agree. Garland v. Garland, 118 So.2d 52 (Fla. 3d DCA 1960).

REVERSED AND REMANDED.

KLEIN and PARIENTE, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI