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Philipp v. Department of Revenue

District Court of Appeal of Florida, Third District
Nov 2, 2011
73 So. 3d 360 (Fla. Dist. Ct. App. 2011)

Opinion

No. 3D11–525.

2011-11-2

Anton L. PHILIPP, Appellant, v. DEPARTMENT OF REVENUE o/b/o Alina Vallenilla PHILIPP, Appellee.

An Appeal from the Circuit Court for Miami–Dade County, Philip Cook, Judge.Anton L. Philipp, in proper person. Pamela Jo Bondi, Attorney General, and William H. Branch, Assistant Attorney General, for appellee.


An Appeal from the Circuit Court for Miami–Dade County, Philip Cook, Judge.Anton L. Philipp, in proper person. Pamela Jo Bondi, Attorney General, and William H. Branch, Assistant Attorney General, for appellee.

Before WELLS, C.J., and SUAREZ and FERNANDEZ, JJ.

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.


Summaries of

Philipp v. Department of Revenue

District Court of Appeal of Florida, Third District
Nov 2, 2011
73 So. 3d 360 (Fla. Dist. Ct. App. 2011)
Case details for

Philipp v. Department of Revenue

Case Details

Full title:Anton L. Philipp, Appellant, v. Department of Revenue o/b/o Alina…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 2, 2011

Citations

73 So. 3d 360 (Fla. Dist. Ct. App. 2011)