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Upchurch v. Upchurch

District Court of Appeal of Florida, Fifth District
Aug 18, 1982
418 So. 2d 373 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1312.

August 18, 1982.

Non-Final Appeal from Circuit Court, Orange County; Cecil H. Brown, Judge.

Robert G. Murrell and Fred Langford of Sam E. Murrell Sons, Orlando, for appellant.

No appearance for appellee.


Appellant seeks review of an order of the trial court finding him in contempt for non-payment of child support and committing him to the county jail. Upon consideration that the order fails to indicate a specific finding of appellant's ability to comply with the underlying order of support and his willful refusal to do so, it is

ORDERED that the above-styled appeal is hereby remanded to the Circuit Court for Orange County, Florida, with directions to make a finding of appellant's ability to pay child support, if supported by the record, or to vacate the order of contempt. See Faircloth v. Faircloth, 339 So.2d 650 (Fla. 1976).

REMANDED WITH INSTRUCTIONS.

ORFINGER, C.J., and SHARP and COWART, JJ., concur.


Summaries of

Upchurch v. Upchurch

District Court of Appeal of Florida, Fifth District
Aug 18, 1982
418 So. 2d 373 (Fla. Dist. Ct. App. 1982)
Case details for

Upchurch v. Upchurch

Case Details

Full title:JOE BENJAMIN UPCHURCH, APPELLANT, v. WILLADEAN CLAUDETTE UPCHURCH, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 18, 1982

Citations

418 So. 2d 373 (Fla. Dist. Ct. App. 1982)

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