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GARCIA v. MANNING

No. 98-60.

717 So.2d 59 (1998)

Miguel GARCIA, Petitioner, v. Donald MANNING, Director, Dade County Department of Corrections and Rehabilitation, Respondent.

District Court of Appeal of Florida, Third District.

February 4, 1998.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Attorney General, and Sandra S. Jaggard, Assistant Attorney General, for respondent.

Before SCHWARTZ, C.J., and GODERICH and SORONDO, JJ.

SORONDO, Judge.

The respondent properly concedes that the order finding the petitioner in civil contempt and committing him to jail for his failure to pay past due child support was improperly entered because the record in this case is devoid of any evidence that petitioner has the present ability to pay the purge amount. Portee v. Manning, 702 So.2d 546 (Fla. 3d DCA 1997); Raba v. Manning, 696 So...

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