Opinion
No. 4D01-5062.
April 24, 2002.
Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case No. DR 00-9412 FC.
Denise S. Calegan-Desmond and Joel M. Weissman of Joel M. Weissman, P.A. Doreen M. Yaffa, P.A., West Palm Beach, for appellant.
Philip M. Burlington of Caruso, Burlington, Bohn Compiani, P.A., and Jeffrey D. Fisher of Fisher Bendeck, P.A., West Palm Beach, for appellee.
We reverse an order finding appellant in contempt for failing to pay support. Appellant argues that the trial court erred in failing to give him an opportunity to defend against the motion for contempt by testifying, Walker v. Edel, 127 So.2d 359 (Fla. 5th DCA 1999), and that there was no finding by the trial court that appellant willfully failed to comply with the prior court order, Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985). We agree with both of those arguments and therefore reverse.
KLEIN, FARMER and HAZOURI, JJ., concur.