COOPER v. SPEARS (1999)

District Court of Appeal of Florida,Third District.

John R. COOPER, Petitioner, v. Lois SPEARS, Director, Dade County Department of Corrections, and The State of Florida, Respondents.

Nos. 99-2266.

Decided: September 03, 1999

Before SCHWARTZ, C.J., and NESBITT and SHEVIN, JJ.

Bennett H. Brummer, Public Defender and John E. Morrison, Assistant Public Defender, for petitioner. Robert Butterworth, Attorney General, for respondent.

The petition for habeas corpus is granted and the petitioner is ordered released forthwith. The record does not support any finding that the petitioner, who is incarcerated pursuant to an order of civil contempt for his failure to pay child support, has the present ability to pay the purge amount. 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, Pompey v. Cochran, 685 So.2d 1007 (Fla. 4th DCA 1997).

Habeas corpus granted.

PER CURIAM.

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