Pino v. Felton, 95-0001
| Decision Date | 10 January 1995 |
| Docket Number | No. 95-0001,95-0001 |
| Citation | 647 So.2d 335 |
| Parties | 20 Fla. L. Weekly D192 Roberto PINO, Petitioner, v. Charles FELTON, Director, Dade County Department of Corrections & Rehabilitation, Respondent. |
| Court | Florida District Court of Appeals |
A case of original jurisdiction, Habeas Corpus.
Bennett H. Brummer, Public Defender, Louis Campbell, Asst. Public Defender, for petitioner.
Robert A. Butterworth, Atty. Gen., Linda S. Katz, Asst. Atty. Gen., for respondent.
Before BASKIN, COPE and GREEN, JJ.
Based on the respondent's proper confession of error, we grant the petition for habeas corpus and quash the order of incarceration because the trial court failed to make the necessary finding that 1) petitioner had the present ability to pay the ordered child support payments and the purge amount at the time of the hearing; and 2) the failure to make such payments was willful. Bowen v. Bowen, 471 So.2d 1274 (Fla.1985); Perez v. Perez, 599 So.2d 682 (Fla. 3d DCA 1992).
The petitioner shall be released forthwith.
To continue reading
Request your trial
-
Garcia v. Manning, 98-60
...DCA 1996); Fennell v. Felton, 655 So.2d 1316 (Fla. 3d DCA 1995); Johnson v. Felton, 655 So.2d 1286 (Fla. 3d DCA 1995); Pino v. Felton, 647 So.2d 335 (Fla. 3d DCA 1995). We address the facts of this case due to what we perceive to be a purposeful disregard for the law in this area by the low......
-
Roundtree v. Felton, 95-1748
...to follow proper procedures for instituting criminal contempt proceedings. Bowen v. Bowen, 471 So.2d 1274 (Fla.1985); Pino v. Felton, 647 So.2d 335 (Fla. 3d DCA 1995). Writ The petitioner shall be released forthwith. ...
-
Brown v. Manning, 97-2150
...DCA 1996); Johnson v. Felton, 655 So.2d 1286 (Fla. 3d DCA 1995); Fennell v. Felton, 655 So.2d 1316 (Fla. 3d DCA 1995); Pino v. Felton, 647 So.2d 335 (Fla. 3d DCA 1995). Moreover, the record contains no evidence that he, in fact, has that ability. See Bowen v. Bowen, 471 So.2d 1274 (Fla.1985......
-
Betancourt v. Manning, 96-2185
...amount. See Johnson v. Felton, 655 So.2d 1286 (Fla. 3d DCA 1995); Fennell v. Felton, 655 So.2d 1316 (Fla. 3d DCA 1995); Pino v. Felton, 647 So.2d 335 (Fla. 3d DCA 1995). Moreover, the record contains no evidence that he, in fact, has that ability. Bowen v. Bowen, 471 So.2d 1274 (Fla.1985). ......