BENNARDO v. BENNARDO

No. 91-3243.

595 So.2d 308 (1992)

Frank J. BENNARDO, Appellant, v. Rae Ella BENNARDO, Appellee.

District Court of Appeal of Florida, Fourth District.

March 25, 1992.


Attorney(s) appearing for the Case

Frank J. Bennardo, pro se.

George L. Moxon of Law Offices of George L. Moxon, Fort Lauderdale, for appellee.


STONE, Judge.

We reverse the order holding appellant in civil contempt of court. The record evidence, including appellant's proffer, establishes only that his failure to presently pay the full amount of alimony due was not willful. We accept appellant's unrebutted proffer as true, noting that the trial court severely limited the time available for the presentation of evidence resulting in the proffer.

There is no evidence in the record refuting appellant's...

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