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HALPERN v. HALPERN

No. 79-1399.

384 So.2d 889 (1980)

Howard HALPERN, Appellant, v. Ronnie S. HALPERN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 25, 1980.

Attorney(s) appearing for the Case

Brown, Malman, Salmon & Collins and Michael H. Salmon, Miami, for appellant.

Shirley Woolf and George Sampas, Miami Beach, for appellee.

Brown, Malman, Salmon & Collins and Michael H. Salmon, for appellant.

Shirley Woolf and George Sampas, for appellee.

Before HENDRY and BASKIN, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

BASKIN, Judge.

We reverse the decision of the trial court ratifying the report of the general master and finding the husband in contempt of court, with a sentence of ninety days in the county stockade. The contempt order fails to recite that the husband had the ability to make the payments which are the subject of the contempt proceeding, or that he previously had the ability to comply but divested himself of that ability through fault or neglect designed to frustrate...

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