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Lomison v. Lomison

District Court of Appeal of Florida, Second District
Apr 22, 1976
329 So. 2d 408 (Fla. Dist. Ct. App. 1976)

Opinion

No. 75-1447.

March 26, 1976. Rehearing Denied April 22, 1976.

Interlocutory Appeal from Circuit Court, Pinellas County; Charles W. Burke, Judge.

John L. Riley, of Riley, Schowe Saltsman, St. Petersburg, for appellant.

Paul A. Kaleel, of Kaleel Kaleel, St. Petersburg, for appellee.


Appellee/wife filed petition for dissolution of marriage and prayed, among other things, for temporary alimony and temporary attorney's fees from the appellant/husband. The trial court ordered the husband to pay appellee $645 as temporary alimony and awarded her attorney a temporary fee of $350. The said sums were to be paid within a day certain. The husband did not comply with the order of the court. Subsequently, he was found to be in willful contempt for his failure to comply with the court's order. He was sentenced to serve 15 days in the county jail, with the right to purge himself of the contempt by paying the monetary awards stated above.

The appellant filed this timely interlocutory appeal and assigned as error the award to the wife of the sum of $645 as temporary alimony and allowance of $350 as temporary attorney's fees to her attorney and the order adjudging him to be in contempt of court.

Appellant has failed to show clearly any error of the trial court either in the monetary allowances or in finding that he willfully refused to pay such sums as adjudged. The record filed here of the proceedings in the trial court is incomplete and, consequently, we are unable to ascertain any specific reasons which demonstrate appellant's inability to comply with the order of the court. For the above reasons, the order to pay temporary support monies and the order of contempt are

AFFIRMED.

McNULTY, C.J., and BOARDMAN and SCHEB, JJ., concur.


Summaries of

Lomison v. Lomison

District Court of Appeal of Florida, Second District
Apr 22, 1976
329 So. 2d 408 (Fla. Dist. Ct. App. 1976)
Case details for

Lomison v. Lomison

Case Details

Full title:DONALD LOMISON, APPELLANT, v. MARY H. LOMISON, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 22, 1976

Citations

329 So. 2d 408 (Fla. Dist. Ct. App. 1976)

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