Florida District Courts of Appeal, 1990

Salisbury v. Salisbury

Salisbury v. Salisbury
Florida District Courts of Appeal · Decided February 15, 1990 · Miner, Smith, Zehmer
557 So. 2d 156; 1990 Fla. App. LEXIS 965; 1990 WL 13516 (Southern Reporter, Second Series)

Salisbury v. Salisbury

Opinion of the Court

PER CURIAM.

Having concluded that the record contains competent substantial evidence to support (1) the trial court’s finding that the former husband possesses the present ability to pay court ordered obligations but wilfully refuses to do so, and (2) the trial court’s denial of the former husband’s petition to modify alimony and child support payments, we affirm the trial court’s order appealed from.

SMITH and MINER, JJ., concur. ZEHMER, J., dissents with opinion.

Dissenting Opinion

ZEHMER, Judge

(dissenting).

This is an appeal from an order granting the former wife’s motion to hold the former husband in contempt and an order denying the former husband’s motion to modify alimony and child support. Since I cannot discern the factual basis for the trial court’s decision with sufficient clarity to determine whether or not reversible error occurred, I would reverse and remand for more specific findings of fact. See Calhoun v. Calhoun, 554 So.2d 21 (Fla. 1st DCA 1989); Strickler v. Strickler, 548 So.2d 740 (Fla. 1st DCA 1989); Clemson v. Clemson, 546 So.2d 75 (Fla. 2d DCA 1989); Lee v. Lee, 544 So.2d 1083 (Fla. 1st DCA 1989); Eisner v. Eisner, 513 So.2d 673 (Fla. 1st DCA 1987); DePoorter v. DePoorter, 509 So.2d 1141 (Fla. 1st DCA 1987).

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