BROWN v. BROWN

No. 92-806.

610 So.2d 5 (1992)

Steven Wayne BROWN, Appellant, v. Kellie Watts BROWN, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 30, 1992.


Attorney(s) appearing for the Case

Paul Martz, St. Augustine, for appellant.

No Appearance for appellee.


DAUKSCH, Judge.

This is an appeal from an order on the former wife/appellee's motion for contempt. Appellant, the former husband, argues that the order is defective because it lacks an affirmative finding of his present ability to pay. We agree and reverse.

In Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985), the Supreme Court of Florida noted:

... a present ability to purge is a prerequisite to incarceration for...

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