Florida District Courts of Appeal, 1989

Waltzer v. Waltzer

Waltzer v. Waltzer
Florida District Courts of Appeal · Decided October 3, 1989 · Baskin, Cope, Schwartz
549 So. 2d 769; 14 Fla. L. Weekly 2313; 1989 Fla. App. LEXIS 5340; 1989 WL 114473 (Southern Reporter, Second Series)

Waltzer v. Waltzer

Opinion of the Court

PER CURIAM.

Affirmed.

SCHWARTZ, C.J., and BASKIN, J., concur.

Dissenting Opinion

COPE, Judge

(dissenting).

In my view the record does not contain substantial competent evidence to support the trial court’s conclusion that the appellant has the present ability to pay $2,000 in order to purge himself of civil contempt for failure to pay child support and alimony required by the decree in the parties’ dissolution of marriage. See Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985). Appellee’s arguments may be entirely appropriate on an indirect criminal contempt, but not a civil contempt. I would reverse the order under review.

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