Florida District Courts of Appeal, 2016

Kitchens v. Martin

Kitchens v. Martin
Florida District Courts of Appeal · Decided February 5, 2016 · Cohen, Edwards, Torpy
186 So. 3d 24; 2016 Fla. App. LEXIS 1525; 2016 WL 438189 (Southern Reporter, Third Series)

Kitchens v. Martin

Opinion of the Court

PER CURIAM.

We affirm the order finding Appellant in contempt and awarding make-up visitation to Appellee. However, we reverse that aspect of the order directing Appellant to pay Appellee’s attorney’s fees to purge the contempt. The finding that Appellant has the ability to pay the fees because she can borrow the money from her father cannot support the conclusion that she has the ability to pay the fee. See Russell v. Russell, 659 So.2d 675, 676 (Fla. 3d DCA 1990) (error to base conclusion of ability to pay on finding that party may borrow money from relative).

AFFIRMED IN PART; REVERSED IN PART. !

TORPY, COHEN and EDWARDS, JJ., concur.

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