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Wilkinson v. Bell

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Apr 14, 2021
314 So. 3d 1290 (Fla. Dist. Ct. App. 2021)

Opinion

Case No. 2D20-887

04-14-2021

Amanda Jean WILKINSON, Appellant, v. James M. BELL, Appellee.

Stacy L. Haverfield of Stacy L. Haverfield, P.A., Cape Coral, for Appellant. Kayla Richmond of Henderson, Franklin, Starnes and Holt, P.A., Fort Meyers (withdrew after briefing), for Appellee.


Stacy L. Haverfield of Stacy L. Haverfield, P.A., Cape Coral, for Appellant.

Kayla Richmond of Henderson, Franklin, Starnes and Holt, P.A., Fort Meyers (withdrew after briefing), for Appellee.

PER CURIAM.

Amanda Jean Wilkinson (the Mother) appeals the circuit court's "Order on Father's Urgent Motion for Contempt and Enforcement," which, she argues, improperly found her in contempt of court. We do not construe the order before us as an order of contempt; from our view of the order and the record, it appears to be an order that simply granted James M. Bell's (the Father) request for enforcement regarding one discrete dispute concerning exchanges of the minor child under the parties' operative parenting plan. As an enforcement order we find no justification for reversal and affirm the order below in all respects.

Notably, the order did not actually state that the Mother was in contempt of court; it did not reference what prior rule or order the Mother had violated; and it did not include any findings that the Mother had the present ability to comply with the court's ruling or order and willfully failed to do so. See Williams v. Samuels, 312 So. 3d 197, 198 (Fla. 2d DCA Feb. 19, 2021) (citing Trisotto v. Trisotto, 966 So. 2d 986, 988 (Fla. 5th DCA 2007) ).
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Affirmed.

NORTHCUTT, SILBERMAN, and LUCAS, JJ., Concur.


Summaries of

Wilkinson v. Bell

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Apr 14, 2021
314 So. 3d 1290 (Fla. Dist. Ct. App. 2021)
Case details for

Wilkinson v. Bell

Case Details

Full title:AMANDA JEAN WILKINSON, Appellant, v. JAMES M. BELL, Appellee.

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Apr 14, 2021

Citations

314 So. 3d 1290 (Fla. Dist. Ct. App. 2021)