Kitchens v. Martin, 186 So. 3d 24 (Fla. 5th DCA 2016). · Go Syfert
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Kitchens v. Martin, 186 So. 3d 24 (Fla. 5th DCA 2016). Cases Citing This Book View Copy Cite
No syfertize treatment data for cluster 5013168.
Malissa Ann KITCHENS
v.
Todd Anthony MARTIN
Nos. 5D14-3617, 5D14-4561.
District Court of Appeal of Florida, Fifth District.
Feb 5, 2016.
186 So. 3d 24
Malissa A. Kitchens, Bunnell, pro se., No Appearance for Appellee.
Cohen, Edwards, Torpy.
Published
PER CURIAM.

We affirm the order finding Appellant in contempt and awarding make-up visitation to Appellee. However, we reverse that aspect of the order directing Appellant to pay Appellee’s attorney’s fees to purge the contempt. The finding that Appellant has the ability to pay the fees because she can borrow the money from her father cannot support the conclusion that she has the ability to pay the fee. See Russell v. Russell, 659 So.2d 675, 676 (Fla. 3d DCA 1990) (error to base conclusion of ability to pay on finding that party may borrow money from relative).

AFFIRMED IN PART; REVERSED IN PART. !

TORPY, COHEN and EDWARDS, JJ., concur.