Summary
granting habeas relief where evidence in civil contempt proceeding failed to show that petitioner had present ability to pay purge amount, relying on Bowen
Summary of this case from Pompey v. CochranOpinion
No. 95-1748.
June 20, 1995.
Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for petitioner.
Robert A. Butterworth, Atty. Gen., and Fredericka Sands, Asst. Atty. Gen., for respondent.
Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.
Based on respondent's appropriate confession of error, we grant the petition for writ of habeas corpus and quash the order of incarceration. The record does not support the trial court's finding that petitioner had the ability to pay the purge amount; furthermore, the court failed to follow proper procedures for instituting criminal contempt proceedings. Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985); Pino v. Felton, 647 So.2d 335 (Fla. 3d DCA 1995).
Writ issued.
The petitioner shall be released forthwith.