Wednesday, February 27, 2013

First DCA Reverses Contempt Ruling

The First District Court of Appeal reversed today in Hardman v. Koslowski.  In that case, the lower court found the Former Wife in contempt for violating a contempt order despite evidently providing the full timesharing ordered.  In question was aspirational language contained in the order suggesting a hope that the Former Husband’s timesharing would return to routine and normal timesharing, and the Former Wife’s alleged failure to negotiate with the Former Husband to achieve that state.  On review, the First District reversed in that the order in question does not specifically instruct the Former Wife to engage in any conduct in line with the aspirational comments in the order.  As such, the contempt finding was reversed, with its accompanying sanction.  The First District also found that sanction improper on the basis of the lack of any finding of need or ability to pay, and the lack of any purge provision.

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