final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Keathan B. Frink, Judge; L.T. Case No. FMCE
C. Valentine and Rae Lynn Mosier of The Law Office of Mosier
Valentine, PA, Fort Lauderdale, for appellant.
M. Porras of Brydger & Porras, LLP, Fort Lauderdale, for
Edmund Accardi ("Former Husband") appeals the
contempt order entered against him for his failure to pay
Appellee Charlotte Accardi ("Former Wife") the
alimony payments required under the 2005 order dissolving
their marriage. Former Husband raises four issues on appeal.
We affirm without discussion the holding that Former Husband
is in contempt of the court order requiring him to pay
alimony to Former Wife. As discussed herein, we reverse the
order of the trial court with respect to the other three
issues raised on appeal and remand for further proceedings
consistent with this opinion.
2004, the parties entered into a marital settlement agreement
in which Former Husband agreed to pay Former Wife $26, 700
per month in permanent non-modifiable alimony with a cost of
living adjustment. The parties' agreement was ratified
and adopted by the 2005 dissolution judgment.
2017, Former Wife filed a motion for contempt and to enforce
the dissolution judgment, alleging Former Husband's
ongoing failure (since December 2008) to comply with his
alimony obligation. At the contempt hearing, deposition
testimony of the parties' son was presented. Based on
this testimony, the trial court found that the son "said
that in exchange for receiving an ownership interest in
[Former Husband's automobile] dealerships, [the son]
agreed to take care of Former Husband financially for the
rest of his life." The son also stated that he was
providing Former Husband with substantial funds ($20,
000/month on average), to augment Former Husband's income
from other endeavors.
trial court entered a written order detailing its factual
findings and holding Former Husband in contempt for willfully
failing to comply with his alimony obligation. The court
awarded Former Wife her attorney's fees and costs
incurred, finding the amount to be supported by the evidence
and reasonable. Additionally, the court found that the
parties' son was
willing to write a check for $100, 000.00 if his father,
Former Husband were faced with incarceration for failure to
pay alimony. The Court finds Former Husband has the
ability to pay alimony in accordance with the provisions
set forth herein and Picurro v. Picurro, 734 So.2d
527 (Fla. 4th DCA 1999).
trial court ordered Former Husband to pay $2, 730, 439.50 for
outstanding alimony with interest accruing daily (to be paid
to Former Wife in $10, 000 monthly installments); $52, 578.55
for Former Wife's attorney's fees and costs; and $26,
753.40 per month in accordance with Former Husband's
continuing alimony obligation. The court then set the purge
amount at $100, 000, providing Former Husband with thirty
days to pay it. Finally, the court ordered that a writ of
arrest and bodily attachment would issue "[i]n the event