Legal Opinion

Napoli v. Napoli

District Court of Appeal of Florida

Decided March 12, 1997No. 95-2317Published

1Per curiam

This is an appeal from a final order denying appellant’s exceptions to the report of a general master finding appellant in contempt of a final judgment of dissolution of marriage. We reverse because there was no competent evidence of appellant’s ability to pay the alleged arrearages or the purge amount and because the general master, and consequently the court, erroneously presumed appellant’s ability to pay the accumulated arrearages. In addition, the court erroneously presumed the willfulness of his non-payment. See Pompey v. Cochran, 685 So.2d 1007 (Fla. 4th DCA 1997); see also Hewitt,…

2Cases cited5 opinions

  1. Gatlin v. Jacobs Construction Co.District Court of Appeal of Florida · 1969
  2. Hanor v. HinckleyDistrict Court of Appeal of Florida · 1991
  3. Hewitt, Coleman & Associates v. LymasDistrict Court of Appeal of Florida · 1984
  4. Zebracki v. ZebrackiDistrict Court of Appeal of Florida · 1995
  5. Rapaport v. Jewish Federation of Palm Beach County, Inc.District Court of Appeal of Florida · 1993

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