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Pino v. Felton

District Court of Appeal of Florida, Third District
Jan 10, 1995
647 So. 2d 335 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-0001.

January 10, 1995.

A case of original jurisdiction, Habeas Corpus.

Bennett H. Brummer, Public Defender, Louis Campbell, Asst. Public Defender, for petitioner.

Robert A. Butterworth, Atty. Gen., Linda S. Katz, Asst. Atty. Gen., for respondent.

Before BASKIN, COPE and GREEN, JJ.


Based on the respondent's proper confession of error, we grant the petition for habeas corpus and quash the order of incarceration because the trial court failed to make the necessary finding that 1) petitioner had the present ability to pay the ordered child support payments and the purge amount at the time of the hearing; and 2) the failure to make such payments was willful. Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985); Perez v. Perez, 599 So.2d 682 (Fla. 3d DCA 1992).

The petitioner shall be released forthwith.


Summaries of

Pino v. Felton

District Court of Appeal of Florida, Third District
Jan 10, 1995
647 So. 2d 335 (Fla. Dist. Ct. App. 1995)
Case details for

Pino v. Felton

Case Details

Full title:ROBERTO PINO, PETITIONER, v. CHARLES FELTON, DIRECTOR, DADE COUNTY…

Court:District Court of Appeal of Florida, Third District

Date published: Jan 10, 1995

Citations

647 So. 2d 335 (Fla. Dist. Ct. App. 1995)

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