No. 96-0588

673 So.2d 579 (1996)

John J. FAYED, Appellant, v. Lynne ALTSHULER, Appellee.

District Court of Appeal of Florida, Fourth District.

May 22, 1996.

Attorney(s) appearing for the Case

Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., and Marc H. Brawer of Law Offices of Marc H. Brawer, Fort Lauderdale, for appellant.

Jason E. Perlman of Frank, Effman & Weinberg, P.A., Plantation, for appellee.


We reverse that portion of the trial court's order providing for incarceration because of the absence of a finding that appellant has the present ability to pay the purge amount. Bowen v. Bowen, 471 So.2d 1274 (Fla.1985). Further, in our view, the record does not support a present ability to pay the purge amount of $18,743.11.

On remand the trial court is further directed to clarify whether incarceration was also ordered because of the formation of a professional association, it being error to order incarceration for so forming one unless appellant paid a $10,000 purge.



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