5D10-3597 Criollo v. Criollo

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-3597

Case Date: 01/31/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011

MANUEL CRIOLLO, Petitioner, v. BARBARA J. CRIOLLO, N/K/A BARBARA J. LANGELLA, Respondent. _______________________________/ Opinion filed February 4, 2011 Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction. Cheri A. Russell and Mark D. Shelnutt of Mark D. Shelnutt, P.A., Ocala, for Petitioner. No Appearance for Respondent. PER CURIAM. Manuel Criollo petitioned the court for habeas corpus relief, asserting that he was entitled to immediate release from incarceration imposed for contempt. We agree with Petitioner and order his release. 1 Petitioner was held in civil contempt for failing to pay child support arrearages and alimony due in the amount of $66,615.45. The trial court ordered Petitioner CASE NO. 5D10-3597

incarcerated for a period of one hundred days for the contempt, with a purge amount equal to the full sum owed. After reviewing the transcript of the hearing on the motion,

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Petetioner was released by order November 9, 2010 with this opinion to follow.

this court determines that the evidence presented did not support the finding that the petitioner had the present ability to pay the purge amount. Release is therefore

mandated, and the order of contempt is appropriately vacated. See Fla. Fam. L. R. P. 12.615(e).

PETITION GRANTED.

LAWSON, EVANDER and COHEN, JJ., concur.

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