Damkohler v. Damkohler, 76--898

Decision Date10 September 1976
Docket NumberNo. 76--898,76--898
Citation336 So.2d 1243
PartiesGeorge DAMKOHLER, Appellant, v. Heidi DAMKOHLER (Pollmann), Appellee.
CourtFlorida District Court of Appeals

Timothy P. McCarthy of Levy, Plisco, Perry, Reiter & Shapiro, Palm Beach, for appellant.

No appearance for appellee.

ALDERMAN, Judge.

This is an appeal from an order in a dissolution of marriage case entered after final judgment. Appellant was adjudged to be in contempt of court for failure to pay child support and sentenced to mandatory confinement in the county jail for thirty days.

Appellant alleges that the evidence before the trial court was not sufficient to support a finding of wilful contempt. The record on appeal does not include a transcript of the proceedings below. Where an appellant challenges the sufficiency of the evidence he has the burden of bringing before this court a complete record of the proceedings below. In the absence of such a record we must presume that there was sufficient evidence and testimony presented to the trial court to support its findings of fact. Nelson v. State, 85 So.2d 832 (Fla.1956); Hall v. Bass, 309 So.2d 250 (Fla.4th DCA 1975).

We are therefore limited to a consideration of any fundamental error which appears on the face of the order. The relevant portion of the contempt order which is the subject of this appeal is set out below. 'The records reflect that the defendant had never paid any monies whatsoever for the support of his child and that he is delinquent in the payment of support in the sum of $11,165.00 through April 30, 1976. It is the opinion of this Court that in its sixteen years in the practice of law, including ten years on the bench, this is the most flagrant case of child neglect and non-support that the Court has ever seen. It is thereupon

ORDERED that the defendant George Damkohler is adjudged in willful and flagrant contempt of Court and he is hereby remanded to the custody of the Sheriff of Palm Beach County and sentenced to mandatory confinement in the county jail of Palm Beach County, Florida, for a period of thirty (30) days from the time of his arrest. It is further

ORDERED that the defendant shall pay a minimum of $15.00 per week toward the aforementioned arrearage and that he shall hereafter pay the regular weekly support of $35.00 promptly as each payment is due.'

Appellant first contends the order is void because it does not make an affirmative finding that appellant has a financial ability to pay the arrears. In support of his contention appellant relies upon Ratner v. Ratner, 297 So.2d 344 (Fla.3d DCA 1974). However this court in Garo v. Garo, 327 So.2d 845 (Fla.4th DCA 1976) rejected Ratner. Subsequently the Third District, in the recent case of Flynn v. Flynn, 330 So.2d 728 (Fla.3d DCA 1976)...

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    • 26 Abril 1988
    ...the challenge is to the sufficiency of the evidence. See Ben-Hain v. Tacher, 418 So.2d 1107 (Fla. 3d DCA 1982); Damkohler v. Damkohler, 336 So.2d 1243 (Fla. 4th DCA 1976); Brown v. Householder, 134 So.2d 801 (Fla. 2d DCA 1961). See generally 5 M. Belli, Modern Trials § 71.3, at 456 (2d ed. ......
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    • 1 Febrero 1990
    ...1986); Hawkins v. Hawkins, 430 So.2d 1002 (Fla. 4th DCA 1983); Carter v. State, 409 So.2d 127 (Fla. 5th DCA 1982); Damkohler v. Damkohler, 336 So.2d 1243 (Fla. 4th DCA 1976); Carter v. Easterling, 362 So.2d 356 (Fla. 1st DCA 1978); State ex rel. Pipia v. Buchanan, 168 So.2d 783 (Fla. 3d DCA......
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    ...the court is "limited to a consideration of any fundamental error which appears on the face of the order"); Damkohler v. Damkohler , 336 So. 2d 1243, 1244 (Fla. 4th DCA 1976) (reversing despite the lack of a transcript where the sentence imposed was contrary to the rule that a person convic......
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