Florida District Courts of Appeal, 1982

Upchurch v. Upchurch

Florida District Courts of Appeal · Decided August 18, 1982 · Orfinger, Sharp, Wart

418 So. 2d 373; 1982 Fla. App. LEXIS 20937 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

DEPT. OF H & R SERV. v. Beckwith (Fla. Dist. Ct. App. 1993)
Department of Health & Rehabilitative Services v. Beckwith (Fla. Dist. Ct. App. 1993)
Carlyle v. Carlyle (Fla. Dist. Ct. App. 1983)
Mark Realty, Inc. v. Rogness (Fla. Dist. Ct. App. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant seeks review of an order of the trial court finding him in contempt for nonpayment of child support and committing him to the county jail. Upon consideration that the order fails to indicate a specific finding of appellant’s ability to comply with the underlying order of support and his willful refusal to do so, it is

ORDERED that the above-styled appeal is hereby remanded to the Circuit Court for Orange County, Florida, with directions to make a finding of appellant’s ability to pay child support, if supported by the record, or to vacate the order of contempt. See Fair-cloth v. Faircloth, 339 So.2d 650 (Fla. 1976).

REMANDED WITH INSTRUCTIONS.

ORFINGER, C. J., and SHARP and CO-WART, JJ., concur.

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