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SMITH v. FELTON

No. 95-1215.

654 So.2d 620 (1995)

Zachary SMITH, Petitioner, v. Charles FELTON, Director, Dade County Corrections and Rehabilitation, Respondent.

District Court of Appeal of Florida, Third District.

May 3, 1995.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Louis Campbell, Asst. Public Defender, for petitioner.

Robert A. Butterworth, Atty. Gen. and Linda S. Katz, Asst. Atty. Gen., for respondent.

Before JORGENSON, GERSTEN and GREEN, JJ.

PER CURIAM.

We must grant the petition for writ of habeas corpus where it appears from the record that the petitioner was jailed for civil contempt, but there was no evidence to support the finding below that the petitioner has the present ability to pay the ordered purge amount. Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985); LeNeve v. Navarro, 565 So.2d 836 (Fla. 4th DCA 1990);

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