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Voigt v. Voigt

District Court of Appeal of Florida, Third District
Apr 14, 1987
505 So. 2d 626 (Fla. Dist. Ct. App. 1987)

Summary

reversing order finding wife in contempt for refusing to return husband's belongings where trial court failed to conduct evidentiary hearing on wife's present ability to comply

Summary of this case from Leo v. Leo

Opinion

No. 86-2123.

April 14, 1987.

Appeal from the Circuit Court, Dade County, Herbert M. Klein, J.

Ellen L. Leesfield, Coral Gables, for appellant.

Anthony Guerrier, Miami, for appellee.

Before DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.


We agree with the appellant that the trial court erred in holding her in contempt for refusing to return certain personalty belonging to the husband without conducting an evidentiary hearing to determine her present ability to comply with the court's order. See Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985).

The order of contempt is reversed, and this cause is remanded for the trial court with directions to conduct the requisite evidentiary hearing.

Reversed and remanded with directions.


Summaries of

Voigt v. Voigt

District Court of Appeal of Florida, Third District
Apr 14, 1987
505 So. 2d 626 (Fla. Dist. Ct. App. 1987)

reversing order finding wife in contempt for refusing to return husband's belongings where trial court failed to conduct evidentiary hearing on wife's present ability to comply

Summary of this case from Leo v. Leo
Case details for

Voigt v. Voigt

Case Details

Full title:THERESA VOIGT, APPELLANT, v. ALEXANDER VOIGT, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 14, 1987

Citations

505 So. 2d 626 (Fla. Dist. Ct. App. 1987)

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