Griffin v. Griffin

Florida District Courts of Appeal
Griffin v. Griffin, 461 So. 2d 251 (1984)
10 Fla. L. Weekly 93
Barfield, Smith, Zehmer

Griffin v. Griffin

Opinion of the Court

PER CURIAM.

Appellant-husband was found to be in civil contempt for failure to pay his alimony and child support obligations and sentenced to jail. The husband concedes there is sufficient evidence to support a finding of contempt, but he contends there is insufficient evidence in this record that he has the present financial ability to purge himself and therefore he cannot be committed to jail for civil contempt. We agree. Bowen v. Bowen, 454 So.2d 565 (Fla. 2d DCA 1984); Smith v. Miller, 451 So.2d 945 (Fla. 1st DCA 1984); and Ponder v. Ponder, 438 So.2d 541 (Fla. 1st DCA 1983).

Appellant’s sentence is REVERSED and the cause REMANDED for further proceedings as deemed necessary consistent with this opinion and the authorities cited herein.

SMITH, ZEHMER and BARFIELD, JJ., concur.

Reference

Full Case Name
Randolph Elias GRIFFIN v. Selena Pearl GRIFFIN
Cited By
1 case
Status
Published