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SARRON v. CRAWFORD

No. 85-320.

464 So.2d 644 (1985)

Alex SARRON, Petitioner, v. Fred CRAWFORD, As Director of the Dade County Jail, Respondent.

District Court of Appeal of Florida, Third District.

March 5, 1985.

Attorney(s) appearing for the Case

John Lipinski, Miami, for petitioner.

Jim Smith, Atty. Gen. and Diane Leeds, Asst. Atty. Gen., for respondent.

Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.

PER CURIAM.

Where, as here, there is neither an affirmative finding nor evidence in the record that the petitioner, at the time of his incarceration for civil contempt, had the ability to pay the amount ordered and thus obtain his release from incarceration, the incarceration, the aim of which is to coerce future compliance with the court's order, is unlawful, see Bowen v. Bowen, 454 So.2d 565 (Fla. 2d DCA 1984); ...

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