Florida District Courts of Appeal, 2011

Philipp v. Department of Revenue Ex Rel. Philipp

Philipp v. Department of Revenue Ex Rel. Philipp
Florida District Courts of Appeal · Decided November 2, 2011 · Wells, Suarez, Fernandez
73 So. 3d 360; 2011 Fla. App. LEXIS 17362; 2011 WL 5169971 (Southern Reporter, Third Series)

Philipp v. Department of Revenue Ex Rel. Philipp

Opinion

SUAREZ, J.

Anton L. Philipp appeals an adjudication for contempt for failure to pay child support. As we conclude that the trial court did not have before it competent substantial evidence of Mr. Philipp’s present ability to pay, we reverse the adjudication of contempt. See Bowen v. Bowen, 471 So.2d 1274, 1278 (Fla. 1985). Based on the Department of Revenue’s concession of error, we also reverse the purge amount.

Reversed and remanded.

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