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Kitchens v. Martin

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Feb 5, 2016
186 So. 3d 24 (Fla. Dist. Ct. App. 2016)

Opinion

Nos. 5D14–3617 5D14–4561.

02-05-2016

Malissa Ann KITCHENS, Appellant, v. Todd Anthony MARTIN, Appellee.

Malissa A. Kitchens, Bunnell, pro se. No Appearance for Appellee.


Malissa A. Kitchens, Bunnell, pro se.

No Appearance for Appellee.

Opinion

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, 559 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.


Summaries of

Kitchens v. Martin

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Feb 5, 2016
186 So. 3d 24 (Fla. Dist. Ct. App. 2016)
Case details for

Kitchens v. Martin

Case Details

Full title:MALISSA ANN KITCHENS, Appellant, v. TODD ANTHONY MARTIN, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Feb 5, 2016

Citations

186 So. 3d 24 (Fla. Dist. Ct. App. 2016)

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