clarification on possible contempt

[Zigner]

I request your advice.

I'm sorry, but the volunteers here have already responded. You may wish to consult with a local attorney about this matter.

 

[quincy]

Thanks for your advices.

I have an additional query. The order issued by the trial court, almost a year ago ordering me to pay money, has one long big sentence. That sentence is the heart/key of the entire order, and all other sentences in that order are typical statements found in most of such orders. Earlier, I requested this forum to provide advice on the issues related to the first phrase of that key sentence. The second phase of that key sentence has additional conditions on money payment but the language of that 2nd phrase is not clear and unambiguous and I have shown that order to two different professional English experts and they also said the same (sorry, I cannot list that language here, which, otherwise, will reveal some personal information). I read some law which says that the order should be unambiguous to hold a person in contempt of that order. However, my order is not. Florida 4th DCA has jurisdiction over this matter if I appeal and that court judged a case on the matter of clarity and ambiguity: Hokanstrom v. Env., 127 So.3d 798 (4th DCA).

If a phrase is unclear and ambiguous, will that sentence or the entire order be ambiguous? I wish to receive your advice on this matter. I found the feedback provided in this forum is highly useful.

If you understood what was MEANT by the order and the other party understood it in the same way, the ambiguity is not important.

 

[PayrollHRGuy]

We can't advise you on sentences that we can't read.

 

[quincy]

We can't advise you on sentences that we can't read.

Nor can anyone on this forum provide a legal analysis. That requires an attorney licensed to practice in poste's jurisdiction.

However, if poste understood he needed to pay X amount of dollars and did not argue an inability to pay, he cannot now say his failure to pay was due to an inability to pay. He should have taken care of it long before he was faced with a contempt of court action.

 

[poste]

If you understood what was MEANT by the order and the other party understood it in the same way, the ambiguity is not important.

Thanks for the replies. Please treat the fact that the 2nd phrase is ambiguous and unclear although I cannot provide it here in this forum.

I did not understand what the 2nd phrase in that key sentence is ordering me to do. I wish to mention to you the judgment from the 4th district court of appeal, which may help you provide an advice on the importance of clear and definite nature of the key sentence in my order. Lawrence v. Lawrence, 384 So.2d at 279 (4th DCA, 1980).

 

[Zigner]

Thanks for the replies. Please treat the fact that the 2nd phrase is ambiguous and unclear although I cannot provide it here in this forum.

I did not understand what the 2nd phrase in that key sentence is ordering me to do. I wish to mention to you the judgment from the 4th district court of appeal, which may help you provide an advice on the importance of clear and definite nature of the key sentence in my order. Lawrence v. Lawrence, 384 So.2d at 279 (4th DCA, 1980).

That's a great point to make to your attorney.

 

[quincy]

Thanks for the replies. Please treat the fact that the 2nd phrase is ambiguous and unclear although I cannot provide it here in this forum.

I did not understand what the 2nd phrase in that key sentence is ordering me to do. I wish to mention to you the judgment from the 4th district court of appeal, which may help you provide an advice on the importance of clear and definite nature of the key sentence in my order. Lawrence v. Lawrence, 384 So.2d at 279 (4th DCA, 1980).

I could read the opinion but it doesn't change what I said earlier. If you are confused by the wording of a sentence in your order, you need an attorney licensed to practice in your jurisdiction to offer a clarification.

That sort of analysis is considered the practice of law - and even members of this forum who are attorneys are unable to provide you with an analysis. It is the UPL and/or a violation of professional rules - and also against the terms of this site.

Good luck.

 

[poste]

Thanks.

FYI, I am not in a financial position to hire an attorney, unfortunate...

 

[quincy]

Thanks.

FYI, I am not in a financial position to hire an attorney, unfortunate...

Okay. Do you have a law school or a legal aid clinic in your area? Free legal help can be available there.

For the contempt hearing, I suggest you arm yourself with financial documents dating from before the order to the present, showing your inability to comply with the terms of the order.

 

[poste]

Nor can anyone on this forum provide a legal analysis. That requires an attorney licensed to practice in poste's jurisdiction.

However, if poste understood he needed to pay X amount of dollars and did not argue an inability to pay, he cannot now say his failure to pay was due to an inability to pay. He should have taken care of it long before he was faced with a contempt of court action.

Thanks. I wish to provide additional law which may help you as well:

In Garo v. Garo 347 So.2d 418 (1977), Fl supreme court judged saying:

"Petitioner contends that the order of contempt is fatally defective in that it lacks specific findings as to his present ability to pay. We agree and have so held in Faircloth v. Faircloth, 339 So.2d 650 (Fla. 1976):
We hold a trial judge must make an affirmative finding that either (1) the petitioner presently has the ability to comply with the order and willfully refuses to do so, or (2) that the petitioner previously had the ability to comply, but divested himself of that ability through his fault or neglect designed to frustrate the intent and purpose of the order. "

Based on this, can I assume that the court should now find my present ability to pay (which I do not have).

 

[poste]

Okay. Do you have a law school or a legal aid clinic in your area? Free legal help can be available there.

For the contempt hearing, I suggest you arm yourself with financial documents dating from before the order to the present, showing your inability to comply with the terms of the order.

Thank you and will do, appreciate

 

[quincy]

Thanks. I wish to provide additional law which may help you as well:

In Garo v. Garo 347 So.2d 418 (1977), Fl supreme court judged saying:

"Petitioner contends that the order of contempt is fatally defective in that it lacks specific findings as to his present ability to pay. We agree and have so held in Faircloth v. Faircloth, 339 So.2d 650 (Fla. 1976):
We hold a trial judge must make an affirmative finding that either (1) the petitioner presently has the ability to comply with the order and willfully refuses to do so, or (2) that the petitioner previously had the ability to comply, but divested himself of that ability through his fault or neglect designed to frustrate the intent and purpose of the order. "

Based on this, can I assume that the court should now find my present ability to pay (which I do not have).

I would not "assume" anything.

My feeling is that, if you and the other party understood what was expected of you in the way of payments, the wording is not as important as this mutual understanding.

But I could be wrong and the bottom line is that my "feeling," and the opinions of others on this forum, will mean little to you in court.

I recommend you look for local legal assistance and gather together your proofs of inability to pay (tax forms, pay stubs, bank balances and deposits, etc).

Good luck.

 

[poste]

Thanks.

I appreciate all your feedback.

 

[quincy]

Thanks.

I appreciate all your feedback.

We all appreciate the thanks, poste, even though I know we were unable to provide you with exactly what you were hoping to find.

Good luck in court. If you have the opportunity to post back after the contempt hearing. I would be interested in learning what the court decides.

 

[poste]

Thanks. It is my pleasure to post once the hearing is over.
I definitely understood this forum's limitations as well but this forum did all the help it can within its limits.