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MACKEY v. STATE

No. 80-1705.

402 So.2d 41 (1981)

Thomas Otis MACKEY, Appellant, v. STATE of Florida On Behalf of Gertrude Mackey, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 4, 1981.

Attorney(s) appearing for the Case

Joseph P. Hoffman and Elizabeth Baker, Legal Services of Greater Miami, Inc., Carres, Gamble & Hamilton and Kathy Hamilton, Miami, for appellant.

Rubin & Friedman and Melvin A. Rubin, Miami, for appellee.

Before BARKDULL, SCHWARTZ and BASKIN, JJ.

PER CURIAM.

The appellant, father of a minor child who is being supported by the State,1 was found in contempt by the trial court for failure, while having the ability, to pay child support in accordance with an award previously made.

We reverse upon the reasoning contained in Chapman v. Lamm, 388 So.2d 1048 (Fla. 3d DCA 1980),2 wherein it was held, under similar...

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