Florida District Courts of Appeal, 1997

Mroz v. McCampbell

Florida District Courts of Appeal · Decided October 30, 1997 · Glickstein, Gross, Stevenson

699 So. 2d 1392; 1997 Fla. App. LEXIS 12245; 1997 WL 673726 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Palma v. Jenne (Fla. Dist. Ct. App. 1998)

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 grant the habeas petition and order petitioner’s immediate release from deten*1393tion, without prejudice to the trial court to place petitioner again in detention in compliance with Pompey v. Cochran, 685 So.2d 1007 (Fla. 4th DCA 1997). In particular, the contempt order fails to contain an affirmative finding by the trial court that petitioner possessed the present ability to pay the purge amount. See id. at 1015. No motion for rehearing will be entertained by this court, and the clerk is directed to issue mandate immediately.

GLICKSTEIN and STEVENSON, JJ., concur. GROSS, J., specially concurs with opinion.

Concurring Opinion

GROSS, Judge,

concurring.

I concur in the result. Petitioner is entitled to relief because the trial court failed to comply with the provision of its September 11, 1997 order to hold a hearing on petitioner’s ability to purge within “4 business days of incarceration.”

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