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RASHID v. MANNING

No. 97-843.

773 So.2d 65 (1997)

Jerry RASHID, Petitioner, v. Donald MANNING, Director, Dade County Corrections and Rehabilitation, Respondent.

District Court of Appeal of Florida, Third District.

March 27, 1997.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and John E. Morrison, Special Assistant Public Defender, for petitioner.

Robert A. Butterworth, Attorney General and Keith S. Kromash, Assistant Attorney General, for respondent.

Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ.

PER CURIAM.

Because, as the respondent jailer apparently concedes, the record not only does not support, but is directly contrary to the trial court's pro forma finding that the petitioner, who is incarcerated pursuant to an order of civil contempt for his failure to pay child support, has the present ability to pay the purge amount, the petition for Habeas Corpus is granted with directions that he forthwith be discharged from custody.

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