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MROZ v. McCAMPBELL

No. 97-3726.

699 So.2d 1392 (1997)

David MROZ, Petitioner, v. Chief Deputy Susan W. McCAMPBELL, etc., et al., Respondents.

District Court of Appeal of Florida, Fourth District.

October 30, 1997.

Attorney(s) appearing for the Case

M. Lisa Presley, Pompano Beach, for Petitioner.

Joseph R. Boyd and William H. Branch of Boyd, Lindsey, Williams & Branch, P.A., and Chriss Walker of the Department of Revenue, Office of Child Support Enforcement, Tallahassee, for Respondent Department of Revenue.

PER CURIAM.

We grant the habeas petition and order petitioner's immediate release from detention, without prejudice to the trial court to place petitioner again in detention in compliance with Pompey v. Cochran, 685 So.2d 1007 (Fla. 4th DCA 1997). In particular, the contempt order fails to contain an affirmative finding by the trial court that petitioner possessed the present ability...

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