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POMPEY v. COCHRAN

No. 93-3181.

685 So.2d 1007 (1997)

Charles POMPEY, Petitioner, v. Ron COCHRAN, Sheriff of Broward County, and Department of Health & Rehabilitative Services of the State of Florida, Respondents.

District Court of Appeal of Florida, Fourth District.

January 8, 1997.

Attorney(s) appearing for the Case

Sharon Kung and Walter H. Honaman of Lawyers Collaborative, P.A., Boca Raton, for petitioner.

Linda Jaffee of the Law Offices of Milena Christopher, P.A., Fort Lauderdale, for Respondent-Department of Health & Rehabilitative Services of the State of Florida.

No appearance for Respondent-Ron Cochran, Sheriff of Broward County.

EN BANC

PER CURIAM.

We review this case en banc to consider important issues relating to the incarceration of a former spouse or parent who has failed to pay alimony or child support after having been found in civil contempt. This has led us to modify or recede from a prior decision of this court. We grant Charles Pompey's petition for a writ of habeas corpus, finding that Pompey's incarceration was unlawful because there was no evidence at all to...

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