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TRIBUE v. LANGSTON

No. 95-1896.

667 So.2d 508 (1996)

Anthony TRIBUE, Appellant, v. Nancy LANGSTON, Appellee.

District Court of Appeal of Florida, Third District.

February 14, 1996.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Louis Campbell, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Angelica D. Zayas, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY and GERSTEN, JJ.

CONFESSION OF ERROR

PER CURIAM.

Appellant was found guilty of civil contempt and ordered incarcerated with a $1,000.00 purge provision.

As correctly noted in the "Confession of Error" filed by the State of Florida, despite the finding, entered below, that the appellant had the present ability to pay the purge amount, the record does not support such a finding.

Accordingly, it is necessary to remand this cause to the trial court to...

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