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Lazzara v. Lazzara

District Court of Appeal of Florida, Fourth District
May 23, 2001
785 So. 2d 716 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D01-1651.

Opinion filed May 23, 2001.

Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James T. Carlisle, Judge; L.T. Case No. CD99-5786FZ.

Reversed and Remanded.

Alexander D. Varkas, Jr. and Robert A. Sweetapple of Sweetapple, Broeker Varkas, Boca Raton, for appellant.

Joseph B. Heimovics and Jonathan S. Root of Graner Root Libow, P.A., Boca Raton, for appellee.


The husband appeals, on an emergency basis, the nonfinal order of the court granting the wife's motion for contempt and commitment thereon. An evidentiary hearing was held on the wife's motion. On appeal the husband complains, among other things, that the trial court did not make findings of fact pursuant to Florida Family Law Rule of Procedure 12.615(d)(1). We reverse and remand for the limited purpose of allowing the trial court to enter an order in compliance with rule 12.615(d)(1), which provides that:

An order finding the alleged contemnor to be in contempt shall contain a finding that a prior order of support was entered, that the alleged contemnor has failed to pay part or all of the support ordered, that the alleged contemnor had the present ability to pay support, and that the alleged contemnor willfully failed to comply with the prior court order. The order shall contain a recital of the facts on which these findings are based .

Amend. to Fla. Family Law Rules of Proc., 723 So.2d 208 (Fla. 1998) (Emphasis added).

REVERSED and REMANDED.

Gunther, Stone and Taylor, JJ., Concur.


Summaries of

Lazzara v. Lazzara

District Court of Appeal of Florida, Fourth District
May 23, 2001
785 So. 2d 716 (Fla. Dist. Ct. App. 2001)
Case details for

Lazzara v. Lazzara

Case Details

Full title:SALVATORE LAZZARA, Appellant, v. LOIS "BETSY" RANCK LAZZARA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 23, 2001

Citations

785 So. 2d 716 (Fla. Dist. Ct. App. 2001)