From Casetext: Smarter Legal Research

Paez v. Manning

District Court of Appeal of Florida, Third District
Jul 29, 1997
696 So. 2d 1368 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-2175

Opinion filed July 29, 1997.

A Case of Original Jurisdiction — Habeas Corpus.

Bennett H. Brummer, Public Defender, and John E. Morrison, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before GERSTEN, GODERICH and SHEVIN, JJ.


The state correctly concedes that the record does not support the court's finding that the petitioner has the present ability to pay the purge amount. Bowen v. Bowen 471 So.2d 1274 (Fla. 1985). We grant the petition for habeas corpus and order petitioner's release forthwith. On remand, the court may conduct further appropriate proceedings.

Habeas corpus granted; cause remanded.


Summaries of

Paez v. Manning

District Court of Appeal of Florida, Third District
Jul 29, 1997
696 So. 2d 1368 (Fla. Dist. Ct. App. 1997)
Case details for

Paez v. Manning

Case Details

Full title:ADALBERTO PAEZ, PETITIONER, vs. DONALD MANNING, DIRECTOR, DADE COUNTY…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 29, 1997

Citations

696 So. 2d 1368 (Fla. Dist. Ct. App. 1997)

Citing Cases

Garcia v. Manning

The respondent properly concedes that the order finding the petitioner in civil contempt and committing him…