Your World of Legal Intelligence
 United States | 1-929-605-4013

Adams v. Adams, s. 77-806

Document Cited authorities 2 Cited in 6 Precedent Map Related
Decision Date11 April 1978
Docket NumberNos. 77-806,77-628,s. 77-806
Citation357 So.2d 264
PartiesS. Charles ADAMS, Appellant, v. Ann Shepherdson ADAMS, Appellee.
CourtFlorida District Court of Appeals

Page 264

357 So.2d 264

S. Charles ADAMS, Appellant, v.Ann Shepherdson ADAMS, Appellee.

Nos. 77-806, 77-628.

District Court of Appeal of Florida, Third District.

April 11, 1978.

Di Giulian, Spellacy & Bernstein and John B. DiChiara, Ft. Lauderdale, for appellant.

Sinclair, Louis, Siegel & Heath and John L. Zavertnik, Miami, for appellee.

Before HENDRY, BARKDULL and KEHOE, JJ.

KEHOE, Judge.

Appellant, petitioner below, and former husband of appellee, appeals an order dated December 21, 1976, entered by the trial court modifying a final judgment of dissolution of marriage entered in the cause on July 10, 1973.Appellant also appeals an order dated March 28, 1977, committing him for contempt, for failure to pay appellee $4,400 in arrearages for child support, and awarding appellee attorney's fees.

After hearing oral argument, reviewing the record, and considering the briefs of the parties on appeal, we are convinced that the entry of the order by the trial court, modifying the final judgment, was within its sound judicial discretion; therefore, the order is affirmed.

However, the commitment order is defective.The order fails to comply with the requirement that such an order include an affirmative finding that either the former husband presently had the ability to comply with the order, and willfully refused to do so, or that he previously had the ability to comply, but divested himself of that ability to frustrate the intent and purpose...

To continue reading

Request your trial
6 cases
  • Adams v. Adams
    • United States
    • Florida District Court of Appeals
    • 21 Diciembre 1982
    ...sum of $10,615.92, for a total of $17,122.14. Remanded with directions. 1 In two other appearances of this case, Adams v. Adams, 357 So.2d 264 (Fla. 3d DCA 1978), and Adams v. Adams, 368 So.2d 958 (Fla. 3d DCA 1979), we approved an upward modification of the support provisions and considere......
  • Rubin v. Rubin, 81-2234
    • United States
    • Florida District Court of Appeals
    • 3 Agosto 1982
    ...889 (Fla. 3d DCA 1980); Murphy v. Murphy, 370 So.2d 403 (Fla. 3d DCA 1979), cert. denied, 383 So.2d 1199 (Fla.1980); Adams v. Adams, 357 So.2d 264 (Fla. 3d DCA 1978), a finding supported by the evidence, and provides that appellant may purge himself of the contempt by payment of his outstan......
  • Hammond v. Sandstrom, 79-1939
    • United States
    • Florida District Court of Appeals
    • 6 Noviembre 1979
    ...ex rel. Trezevant v. McLeod, 126 Fla. 229, 170 So. 735 (1936); Murphy v. Murphy, 370 So.2d 403, 409 (Fla. 3d DCA 1979); Adams v. Adams, 357 So.2d 264 (Fla. 3d DCA 1978). (2) While the order of contempt provided that Hammond could purge himself by making his child-support payments, 2 the ord......
  • Smith v. Smith, 82-1819
    • United States
    • Florida District Court of Appeals
    • 22 Abril 1983
    ...added) See also Faircloth v. Faircloth, 339 So.2d 650 (Fla.1976); Murphy v. Murphy, 370 So.2d 403 (Fla. 3d DCA 1979); Adams v. Adams, 357 So.2d 264 (Fla. 3d DCA 1978). The face of the contempt order in this case does not reflect a finding of the husband's financial ability to pay. Thus, the......
    • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT