Chapman v. Lamm, 79-1550
| Decision Date | 05 August 1980 |
| Docket Number | No. 79-1550,79-1550 |
| Citation | 388 So.2d 1048 |
| Parties | Joe Allen CHAPMAN, Appellant, v. Bonnie Lou Brodie Chapman LAMM, Appellee. |
| Court | Florida District Court of Appeals |
Elizabeth S. Baker, Kathy Hamilton and Stephen Maher, Legal Services of Greater Miami, Miami, for appellant.
Rubin & Friedman and Nicholas R. Friedman, Miami, for appellee.
Before HUBBART and BASKIN, JJ. and PEARSON, TILLMAN (Ret.), Associate Judge.
Respondent Joe Allen Chapman, who has been ordered committed to the Dade County jail for 90 days, 1 appeals from an order which finds:
In his brief and in argument before this court, Chapman has concentrated largely upon his contention that the order is reversible because it purports to imprison him for a sum of money owing to the State of Florida. We find this position well taken and reverse the order appealed.
The courts may not imprison for failure to pay a debt. 2 Contempt for failure to pay court-ordered alimony or child support is based upon the fact that such obligations arise out of the duty owed and that, in accordance with public necessity, dependents must be supported. See Faircloth v. Faircloth, 339 So.2d 650 (Fla.1976); and Gersten v. Gersten, 281 So.2d 607 (Fla.3d DCA 1973). When the obligation has been converted into a debt to a third person, it no longer carries the public necessity for enforcement by imprisonment. See Corbin v. Etheridge, 296 So.2d 59 (Fla.1st DCA 1974); and State ex rel. Gillham v. Phillips, 193 So.2d 26 (Fla.2d DCA 1966). The fact that the State is the third party does not transfer to the State a greater right to the remedy of contempt than that held by a private litigant. See 30 Fla.Jur. State of Florida § 52 (1974), and cases cited therein; see also Turner v. State, 168 So.2d 192 (Fla.3d DCA 1964), and compare Philpott v. Essex County Welfare Board, 409 U.S. 413, 93 S.Ct. 590, 43 L.Ed.2d 608 (1973).
There is a jurisdictional deficiency appearing on this record that we feel should be discussed. It appears that Chapman was not personally served in the dissolution proceeding. Jurisdiction procured through service by publication will not support an order for contempt for failure to pay support contained in the final judgment. See Hunter v. Hunter, 359 So.2d 500 (Fla. 4th DCA 1978); Palmer v. Palmer, 353 So.2d 1271 (Fla.1st DCA 1978); and Carnes v. Carnes, 256 So.2d 550 (Fla.4th DCA 1972). It is suggested that Chapman later appeared and submitted himself to the jurisdiction of the court. See Keena v. Keena, 245 So.2d 665 (Fla.1st DCA 1971). The record does not support a conclusive finding by this court regarding the time Chapman was served with the judgment and given an opportunity to respond to the child support obligations. This determination must be made by the trial court. It is sufficient here to state that Chapman was notified to appear before the court for his violation of a court order dated May 11, 1979, and filed May 17, 1979. There is no showing in the record that Chapman was before the court at any time prior to that date or that the order was more than an ex parte provision that future payments be made into the Central Depository. If Chapman was served with the order, there is no certificate of service so indicating.
A hearing that was held upon a motion for contempt filed by...
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Ball v. Ball, AR-230
...Woods v. Butler, 418 So.2d 295 (Fla. 3rd DCA 1982); Schminkey v. Schminkey, 400 So.2d 121 (Fla. 4th DCA 1981); Chapman v. Lamm, 388 So.2d 1048 (Fla. 3rd DCA 1980); State ex rel. Reno v. Richardson, 348 So.2d 62 (Fla. 1st DCA 1977); Corbin v. Etheridge, 296 So.2d 59 (Fla. 1st DCA Appellee co......
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Chapman v. State, Dept. of Health and Rehabilitative Services
...him in a contempt action which resulted in his imprisonment by order of a trial judge which was subsequently reversed. Chapman v. Lamm, 388 So.2d 1048 (Fla. 3d DCA 1980), rev'd on other grounds, 413 So.2d 749 (Fla.1982). Specifically, it was claimed that HRS and Janet Reno had "negligently"......
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Rosenberg v. Rosenberg, 83-1174
...usual remedies available to a creditor against a debtor, as the courts may not imprison for failure to pay a debt. See Chapman v. Lamm, 388 So.2d 1048 (Fla. 3d DCA 1980), modified on other grounds 413 So.2d 749 (Fla.1982); Carlin v. Carlin, 310 So.2d 403 (Fla. 4th DCA 1975); Corbin v. Ether......
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Andrews v. Walton, 61051
...So.2d 790 (Fla. 2d DCA 1981), which was in direct conflict with the opinion of the Third District Court of Appeal in Chapman v. Lamm, 388 So.2d 1048 (Fla. 3d DCA 1980), aff'd in part, rev'd in part, 413 So.2d 749 (Fla.1982). The point of conflict concerned whether sections 409.2561(1)-(3), ......