Napoli v. Napoli
Napoli v. Napoli
Opinion of the Court
This is an appeal from a final order denying appellant’s exceptions to the report of a general master finding appellant in contempt of a final judgment of dissolution of marriage. We reverse because there was no competent evidence of appellant’s ability to pay the alleged arrearages or the purge amount and because the general master, and consequently the court, erroneously presumed appellant’s ability to pay the accumulated arrearages. In addition, the court erroneously presumed the willfulness of his non-payment. See Pompey v. Cochran, 685 So.2d 1007 (Fla. 4th DCA 1997); see also Hewitt, Coleman & Assocs. v. Lymas, 460 So.2d 467 (Fla. 4th DCA 1984)(argument of counsel is not evidence), rev. denied, 471 So.2d 43 (Fla. 1985); Gatlin v. Jacobs Constr. Co., 218 So.2d 188 (Fla. 4th DCA), cert. denied, 225 So.2d 529 (Fla. 1969).
Accordingly, the final order finding appellant in contempt is REVERSED.
. Rule 12.490 of the Family Law Rules of Procedure, effective January 1, 1996, modifying rule 1.490, Florida Rules of Civil Procedure for family law cases, does not apply because the master's proceedings took place before its effective date.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.