Florida District Courts of Appeal, 1995

Smith v. Felton

Florida District Courts of Appeal · Decided May 3, 1995 · Gersten, Green, Jorgenson

654 So. 2d 620; 1995 Fla. App. LEXIS 5060; 1995 WL 259298 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Pompey v. Cochran (Fla. Dist. Ct. App. 1997)

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.

We must grant the petition for writ of habeas corpus where it appears from the record that the petitioner was jailed for civil contempt, but there was no evidence to support the finding below that the petitioner has the present ability to pay the ordered purge amount. Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985); LeNeve v. Navarro, 565 So.2d 836 (Fla. 4th DCA 1990); Sarron v. Crawford, 464 So.2d 644 (Fla. 3d DCA 1985).

Petition granted. Rehearing is dispensed with. The petitioner is ordered released forthwith.

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