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Pope v. McKee

District Court of Appeal of Florida, Fifth District
Aug 28, 1990
565 So. 2d 785 (Fla. Dist. Ct. App. 1990)

Summary

In Pope v. McKee, 565 So.2d 785 (Fla. 5th DCA 1990), this court was faced with a similar problem of whether the trial court's order finding that the former husband had the ability to comply with the purge conditions was sufficient under Bowen.

Summary of this case from Jones v. Jones

Opinion

No. 89-2565.

July 19, 1990. Rehearing Denied August 28, 1990.

Appeal from the Circuit Court, Brevard County, John S. Cox, J.

Bruce W. Jacobus of Mosley, Jacobus Wallis, P.A., Melbourne, for appellant.

No appearance for appellee.


James Lewis Pope appeals an order of the trial court adjudging him to be in contempt of court for failure to make previously ordered child support payments. The only issue raised on appeal concerns the wording of the contempt order. The trial court found that appellant:

Has the present ability to pay the child support previously ordered.

Appellant contends that this finding is insufficient under the holding in Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985). Bowen held that the trial court must make an affirmative finding that the contemnor possesses the present ability to comply with the purge conditions set forth in the contempt order. In this case the purge amount and the previously ordered child support are the same. Under these conditions we conclude that the order of the trial court complies with the requirements of Bowen, and the judgment is affirmed.

AFFIRMED.

COBB and PETERSON, JJ., concur.


Summaries of

Pope v. McKee

District Court of Appeal of Florida, Fifth District
Aug 28, 1990
565 So. 2d 785 (Fla. Dist. Ct. App. 1990)

In Pope v. McKee, 565 So.2d 785 (Fla. 5th DCA 1990), this court was faced with a similar problem of whether the trial court's order finding that the former husband had the ability to comply with the purge conditions was sufficient under Bowen.

Summary of this case from Jones v. Jones
Case details for

Pope v. McKee

Case Details

Full title:JAMES LEWIS POPE, APPELLANT, v. NAN B. McKEE, ETC., APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 28, 1990

Citations

565 So. 2d 785 (Fla. Dist. Ct. App. 1990)

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