From Casetext: Smarter Legal Research

Griffin v. Griffin

District Court of Appeal of Florida, First District
Dec 21, 1984
461 So. 2d 251 (Fla. Dist. Ct. App. 1984)

Opinion

No. AZ-208.

December 21, 1984.

Appeal from the Circuit Court, Suwannee County, L. Arthur Lawrence, Jr., J.

Martin S. Page, Lake City; and Daniel A. McKeever, Live Oak, for appellant.

Charles L. Carlton, Lakeland; and J. Victor Africano, Live Oak, for appellee.


Appellant-husband was found to be in civil contempt for failure to pay his alimony and child support obligations and sentenced to jail. The husband concedes there is sufficient evidence to support a finding of contempt, but he contends there is insufficient evidence in this record that he has the present financial ability to purge himself and therefore he cannot be committed to jail for civil contempt. We agree. Bowen v. Bowen, 454 So.2d 565 (Fla. 2d DCA 1984); Smith v. Miller, 451 So.2d 945 (Fla. 1st DCA 1984); and Ponder v. Ponder, 438 So.2d 541 (Fla. 1st DCA 1983).

Appellant's sentence is REVERSED and the cause REMANDED for further proceedings as deemed necessary consistent with this opinion and the authorities cited herein.

SMITH, ZEHMER and BARFIELD, JJ., concur.


Summaries of

Griffin v. Griffin

District Court of Appeal of Florida, First District
Dec 21, 1984
461 So. 2d 251 (Fla. Dist. Ct. App. 1984)
Case details for

Griffin v. Griffin

Case Details

Full title:RANDOLPH ELIAS GRIFFIN, APPELLANT, v. SCLENA PEARL GRIFFIN, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 21, 1984

Citations

461 So. 2d 251 (Fla. Dist. Ct. App. 1984)

Citing Cases

Bowen v. Bowen

428 So.2d at 666. We find the decisions of the First District in Griffin v. Griffin, 461 So.2d 251 (Fla. 1st…