Roundtree v. Felton

Richard ROUNDTREE, Petitioner, v. Charles FELTON, Director, Dade County Corrections and Rehabilitation, Respondent.

District Court of Appeal of Florida

Decided June 20, 1995.

District Court of Appeal of Florida · decided 1995-06-20

Cited by 6 later decisions — most recently September 1999

6 state decisions

Relies on 471 So. 2d 1274 - Bowen v. Bowen · Pino v. Felton

Good law ✅— No negative treatment on recordhow we know

Decided 1995-06-20

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¶1Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for petitioner.

¶2Robert A. Butterworth, Atty. Gen., and Fredericka Sands, Asst. Atty. Gen., for respondent.

¶3Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.

¶4PER CURIAM.

¶5Based on respondent's appropriate confession of error, we grant the petition for writ of habeas corpus and quash the order of incarceration. The record does not support the trial court's finding that petitioner had the ability to pay the purge amount; furthermore, the court failed to follow proper procedures for instituting criminal contempt proceedings. Bowen v. Bowen,471 So.2d 1274 (Fla. 1985); Pino v. Felton,647 So.2d 335 (Fla. 3d DCA 1995).

¶6Writ issued.

¶7The petitioner shall be released forthwith.