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DOUGLAS v. DOUGLAS

No. 85-2573.

485 So.2d 18 (1986)

James Steven DOUGLAS, Appellant, v. Luana Carol DOUGLAS, Appellee.

District Court of Appeal of Florida, Third District.

March 11, 1986.

Attorney(s) appearing for the Case

Max P. Engel and Terry L. Belle, Fort Myers, for appellant.

Louis Vernell, Sunny Isles, and Allison Day, for appellee.

Before HENDRY, HUBBART and FERGUSON, JJ.

PER CURIAM.

The civil contempt proceeding in this family law matter was defective for three reasons: (1) a defaulting husband must be given notice and an opportunity to show that his default is not willful, see Robbins v. Robbins, 429 So.2d 424 (Fla.3d DCA 1983); (2) the trial court must make a finding afterwards that the contemner has the present ability to pay the purge amount before incarceration can be imposed to enforce...

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