Narrative Opinion Summary
Appellant was found guilty of civil contempt and sentenced to incarceration with a $1,000.00 purge condition. The State of Florida filed a "Confession of Error," indicating that although the trial court determined the appellant had the ability to pay the purge amount, the record does not substantiate this finding. The case is remanded to the trial court to expand the record to provide necessary support for the ability to pay finding and to explore non-incarceration alternatives, such as payroll deductions or weekly reporting, as referenced in Bowen v. Bowen. Additionally, the trial court may consider any other suitable options as outlined in Pugliese v. Pugliese, Perez v. Perez, and Russell v. Russell. The decision is reversed and remanded for further proceedings.
Legal Issues Addressed
Civil Contempt and Ability to Paysubscribe to see similar legal issues
Application: The trial court must substantiate its finding of an appellant's ability to pay a purge amount in cases of civil contempt.
Reasoning: The State of Florida filed a 'Confession of Error,' indicating that although the trial court determined the appellant had the ability to pay the purge amount, the record does not substantiate this finding.
Consideration of Non-Incarceration Alternativessubscribe to see similar legal issues
Application: The trial court is instructed to explore non-incarceration alternatives for enforcing compliance in civil contempt cases.
Reasoning: The case is remanded to the trial court...to explore non-incarceration alternatives, such as payroll deductions or weekly reporting, as referenced in Bowen v. Bowen.
Judicial Discretion in Remedy Selectionsubscribe to see similar legal issues
Application: The trial court may consider any suitable options for enforcing compliance, as outlined in relevant case law.
Reasoning: Additionally, the trial court may consider any other suitable options as outlined in Pugliese v. Pugliese, Perez v. Perez, and Russell v. Russell.
Remand for Expansion of Recordsubscribe to see similar legal issues
Application: The case is remanded to the trial court to expand the record to support its findings regarding the appellant's ability to pay.
Reasoning: The case is remanded to the trial court to expand the record to provide necessary support for the ability to pay finding.