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MILLER v. MILLER

No. 4D03-3919.

891 So.2d 1201 (2005)

Harlan L. MILLER, Appellant, v. Julie MILLER, Appellee.

District Court of Appeal of Florida, Fourth District.

February 2, 2005.

Attorney(s) appearing for the Case

Joel M. Weissman of Weissman, Yaffa & Desmond, P.A., West Palm Beach, for appellant.

Elizabeth G. Daugherty and Nancy W. Gregoire of Bunnell Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A., Fort Lauderdale, and Harvey A. Nussbaum of Beiner & Nussbaum, P.A., Boca Raton, for appellee.

PER CURIAM.

We reverse the trial court's order finding former husband in contempt for failure to pay child support because it was based on an earlier discovery sanction order striking his pleadings to contempt, precluding him from defending on the grounds of his inability to pay. See Chase v. Chase, 519 So.2d 637 (Fla. 2d DCA 1988) (trial court erred by finding husband's ability to pay was "taken to be established" based...

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