CARBONELL v. DEPARTMENT OF REVENUE

No. 5D10-160.

30 So.3d 664 (2010)

Rafael CARBONELL, Petitioner, v. DEPARTMENT OF REVENUE on behalf of Deydry CAPELLA, Respondent.

District Court of Appeal of Florida, Fifth District.

March 18, 2010.


Attorney(s) appearing for the Case

Rafael Carbonell, Orlando, pro se.

No Appearance for Respondent.


PER CURIAM.

Rafael Carbonell seeks habeas corpus relief after he was found in civil contempt for failure to pay court-ordered child support and sentenced to 179 days in the Orange County Jail. We grant the petition and vacate the contempt order.

In his petition, Carbonell argues that he lacks the present ability to purge himself of the contempt. Further, he contends that the trial court failed to make the appropriate findings that he has the present ability...

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