Naster v. Naster
| Decision Date | 27 February 1963 |
| Docket Number | No. 3688,3688 |
| Citation | 151 So.2d 313 |
| Parties | Bert NASTER, Appellant, v. Lee NASTER, Appellee. |
| Court | Florida District Court of Appeals |
Ligman & Ferrara, Miama, for appellant.
Paul B. Anton of Abrams, Anton & Robbins, Hollywood, for appellee.
Appellant, defendant in the lower court, brings interlocutory appeal from an amended contempt order.
The findings embodied in the order indicate that defendant was unable to comply with the requirements of a final decree of alimony unconnected with divorce, that no showing was made as to defendant's income, but there was evidence of his mode of living, that the defendant was in arrears in alimony payments in the amount of $7,600, and the defendant was capable of paying the sum of $1,000 and of making weekly payments of $50 in satisfaction of the arrearage. The order decreed that the defendant, therefore, make the $1,000 payment within a given time and make $50 weekly payments or suffer the penalty of a prior contempt order, i. e., 60 days imprisonment.
Essentially, appellant raises two points on appeal. He contends that the chancellor abused his discretion in adjudging defendant in contempt and argues that there was no willful failure to comply with the requirements of the original decree. He further contends that portions of the alleged arrearage were not alimony and, in fact, that ordering payment of those sums in the final decree was improper and beyond the jurisdiction of the court entering the final decree.
Our Supreme Court, in Orr v. Orr, 141 Fla. 112, 192 So. 466, a contempt case, said:
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Faircloth v. Faircloth, W--506
...the record shows otherwise--that he disposed of his 1/2 interest in the marital home. In this connection the Supreme Court in Naster v. Naster, supra, '. . . In a contempt proceeding when the failure to pay has been established the husband has the burden of proving that his failure has not ......
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Faircloth v. Faircloth
...him to pay. Yandell v. Yandell, 160 Fla. 164, 33 So.2d 869 (Fla.1948); Orr v. Orr, 141 Fla. 112, 192 So. 466 (1939); Naster .v Naster, 151 So.2d 313 (Fla.App.2nd, 1963); cert. disch. 163 So.2d 264 (Fla.1964). This burden of proof is cast upon him not by mere presumption of law, which vanish......
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S. L. T., In Interest of
...record shows that the appellant did not willfully disobey the order of that Court, and, therefore, was not in contempt. Naster v. Naster, Fla.App.2d 1963, 151 So.2d 313; 10 Fla.Jur. For the foregoing reasons, I concur in the reversal of the order appealed from. 1 Some language in the opinio......
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Naster v. Naster
...against an alimony contempt citation on the ground of financial inability to pay. The decision submitted for review is Naster v. Naster, Fla.App., 151 So.2d 313. Our preliminary examination of the petition suggested prima facie jurisdictional conflict between the subject decision and those ......