Summary
reversing order finding wife in contempt for refusing to return husband's belongings where trial court failed to conduct evidentiary hearing on wife's present ability to comply
Summary of this case from Leo v. LeoOpinion
No. 86-2123.
April 14, 1987.
Appeal from the Circuit Court, Dade County, Herbert M. Klein, J.
Ellen L. Leesfield, Coral Gables, for appellant.
Anthony Guerrier, Miami, for appellee.
Before DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.
We agree with the appellant that the trial court erred in holding her in contempt for refusing to return certain personalty belonging to the husband without conducting an evidentiary hearing to determine her present ability to comply with the court's order. See Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985).
The order of contempt is reversed, and this cause is remanded for the trial court with directions to conduct the requisite evidentiary hearing.
Reversed and remanded with directions.