Legal Opinion

Finch v. Finch

District Court of Appeal of Florida

Decided August 22, 1990No. 90-01116Published

1Per curiam

Gordon L. Finch, Jr., takes this appeal from a finding of contempt for failure to make alimony payments. The contempt order did not expressly find that appellant had the present ability to pay as required by Bowen v. Bowen, 471 So.2d 1274 (Fla.1985). Because we perceive that there was sufficient evidence from which the trial judge could have made that finding, we remand for the trial judge to make such finding or to vacate the contempt order. Faircloth v. Faircloth, 339 So.2d 650 (Fla.1976); Brown v. Brown, 502 So.2d 77 (FLa. 3d DCA 1987).

SCHOONOVER, C.J., and CAMPBELL, and SCHEB, JJ., concur.

2Cases cited3 opinions

  1. Bowen v. BowenSupreme Court of Florida · 1985
  2. Faircloth v. FairclothSupreme Court of Florida · 1976
  3. Brown v. BrownDistrict Court of Appeal of Florida · 1987