Roundtree v. Felton, 95-1748
| Decision Date | 20 June 1995 |
| Docket Number | No. 95-1748,95-1748 |
| Citation | 656 So.2d 584 |
| Parties | 20 Fla. L. Weekly D1445 Richard ROUNDTREE, Petitioner, v. Charles FELTON, Director, Dade County Corrections and Rehabilitation, Respondent. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for petitioner.
Robert A. Butterworth, Atty. Gen., and Fredericka Sands, Asst. Atty. Gen., for respondent.
Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.
Based on respondent's appropriate confession of error, we grant the petition for writ of habeas corpus and quash the order of incarceration. The record does not support the trial court's finding that petitioner had the ability to pay the purge amount; furthermore, the court failed 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 issued.
The petitioner shall be released forthwith.
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Pompey v. Cochran
...proceeding into a general inquiry in the nature of appellate review. Id. at 1318 (emphasis supplied); see also Roundtree v. Felton, 656 So.2d 584 (Fla. 3d DCA 1995) (granting habeas relief where evidence in civil contempt proceeding failed to show that petitioner had present ability to pay ......
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Blalock v. Rice, 97-01578
...in a domestic relations matter. We have jurisdiction. See Pompey v. Cochran, 685 So.2d 1007 (Fla. 4th DCA 1997); Roundtree v. Felton, 656 So.2d 584 (Fla. 3d DCA 1995); Jackson v. State, 562 So.2d 855 (Fla. 5th DCA 1990); Durant v. Boone, 509 So.2d 1275 (Fla. 1st DCA At the time this petitio......
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Rashid v. Manning, 97-843.
...with directions that he forthwith be discharged from custody. Betancourt v. Manning, 679 So.2d 83 (Fla. 3d DCA 1996); Roundtree v. Felton, 656 So.2d 584 (Fla. 3d DCA 1995); Johnson v. Felton, 655 So.2d 1286 (Fla. 3d DCA 1995); Blanco v. Roth, 655 So.2d 213 (Fla. 3d DCA 1995). See generally ......
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Chandler v. Manning, 97-842.
...with directions that he forthwith be discharged from custody. Betancourt v. Manning, 679 So.2d 83 (Fla. 3d DCA 1996); Roundtree v. Felton, 656 So.2d 584 (Fla. 3d DCA 1995); Johnson v. Felton, 655 So.2d 1286 (Fla. 3d DCA 1995); Blanco v. Roth, 655 So.2d 213 (Fla. 3d DCA 1995). See generally ......