From Casetext: Smarter Legal Research

Register v. Register

District Court of Appeal of Florida, First District
Jun 4, 1993
617 So. 2d 820 (Fla. Dist. Ct. App. 1993)

Summary

holding that former husband could not be jailed for contempt for the failure to make timely payments, pursuant to a stipulation and property settlement agreement

Summary of this case from Glick v. Glick

Opinion

No. 91-2700.

May 3, 1993. Rehearing Denied June 4, 1993.

Appeal from the Circuit Court, Duval County, Michael R. Weatherby, J.

J. Quinton Rumph of Rumph, Stoddard and Smith, Jacksonville, for appellant.

M. Sue Register, pro se.


Sidney W. Register appeals from an order of contempt. Appellant conceded that he owed his former wife an arrearage in the amount of $65,664.17 under a final judgment of dissolution of marriage, but disputes a finding of the trial court that he owed an additional $96,679.85 stemming from the sale of the marital home. We find no abuse of discretion in the trial court's determination that appellant had agreed to pay this amount under a stipulation and agreement that was incorporated into the final judgment of dissolution. However, we agree with appellant that he cannot be jailed for contempt for his failure to pay a debt in the nature of a property settlement. See, e.g., Marks v. Marks, 457 So.2d 1137 (Fla. 1st DCA 1984). Accordingly, we reverse and remand for the trial court to subtract from the amount that appellant must pay to purge himself of contempt any sums that represent payments in furtherance of equitable distribution of property.

ALLEN, WOLF and KAHN, JJ., concur.


Summaries of

Register v. Register

District Court of Appeal of Florida, First District
Jun 4, 1993
617 So. 2d 820 (Fla. Dist. Ct. App. 1993)

holding that former husband could not be jailed for contempt for the failure to make timely payments, pursuant to a stipulation and property settlement agreement

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

Register v. Register

Case Details

Full title:SIDNEY W. REGISTER, APPELLANT, v. M. SUE REGISTER, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jun 4, 1993

Citations

617 So. 2d 820 (Fla. Dist. Ct. App. 1993)

Citing Cases

Glick v. Glick

See generally Bowen v. Bowen, 471 So.2d 1274, 1280 (Fla. 1985) (holding the movant must show that a prior…