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GREGORY v. RICE

No. 92,471.

727 So.2d 251 (1999)

Anthony GREGORY, Petitioner, v. Everett RICE, Sheriff of Pinellas County, Florida, Respondent.

Supreme Court of Florida.

February 11, 1999.

Attorney(s) appearing for the Case

Bob Dillinger, Public Defender, and Keri Kepp, Assistant Public Defender, Sixth Judicial Circuit, Clearwater, Florida, for Petitioner.

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

OVERTON, Senior Justice.

This case involves the wrongful incarceration of a father who failed to pay child support payments. The father, Anthony Gregory, was sentenced to ninety days in jail with a $200 purge provision even though the unrefuted record in this proceeding reflects that he had no money and no assets other than the clothes he was wearing; that he had only recently been released from jail for this same offense; and that he had obtained employment just...

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