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464 So. 2d 644

464 So.2d 644

10 Fla.L.Weekly 563

Docket No. 85-320.

Sarron v. Crawford

Alex SARRON, Petitioner, v. Fred CRAWFORD, As Director of the Dade County Jail, Respondent.

District Court of Appeal of Florida

Decided March 5, 1985.

District Court of Appeal of Florida · decided 1985-03-05

Cited by 5 later decisions — most recently May 2018

5 state decisions

Key passage — most relied on by later courts

“Where ... there is neither an affirmative finding nor evidence in the record that the petitioner, at the time of his incarceration for civil contempt, had the ability to pay the amount ordered and thus obtain his release from incarceration, the incarceration, the aim of which is to coerce future compliance with the court's order, is unlawful, see Bowen ..., and the petition for writ of habeas corpus must be granted.”

quoted by 1 later decision, including 685 So. 2d 1007 - Pompey v. Cochran

Relies on Griffin v. State · 438 So. 2d 541 - Ponder v. Ponder · Bowen v. Bowen

Good law ✅— No negative treatment on recordhow we know

Decided 1985-03-05

View the full empirical analysis of this case →

¶1*645 John Lipinski, Miami, for petitioner.

¶2Jim Smith, Atty. Gen. and Diane Leeds, Asst. Atty. Gen., for respondent.

¶3Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.

¶4PER CURIAM.

¶5Where, as here, there is neither an affirmative finding nor evidence in the record that the petitioner, at the time of his incarceration for civil contempt, had the ability to pay the amount ordered and thus obtain his release from incarceration, the incarceration, the aim of which is to coerce future compliance with the court's order, is unlawful, see Bowen v. Bowen,454 So.2d 565 (Fla. 2d DCA 1984); Ponder v. Ponder,438 So.2d 541 (Fla. 1st DCA 1983), rev. denied,447 So.2d 887 (Fla. 1984), and the petition for writ of habeas corpus must be granted. This ruling is without prejudice to the commencement of any appropriate criminal contempt proceeding to punish the petitioner for his willful violation of the court order which occurred well before the petitioner's incarceration.

¶6Petition for writ of habeas corpus granted.

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