Gonnella v. Gonnella and Department of Revenue

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOSEPH M. GONNELLA, Appellant, v. CHANTELLE A. GONNELLA and DEPARTMENT OF REVENUE, Appellees. __________________________________) Opinion filed August 29, 2003. Appeal from the Circuit Court for Highlands County; Cecelia M. Moore, Judge. Joseph M. Gonnella, pro se. Charles J. Crist, Jr., Attorney General, and William H. Branch, Assistant Attorney General, Tallahassee, for Appellees. NORTHCUTT, Judge. ) ) ) ) ) ) ) ) ) ) Case No. 2D02-3026 Joseph Gonnella challenges the order denying his petition to modify his child support obligation. He claimed an inability to pay based upon his incarceration in state prison. We reverse with instructions to hold the petition in abeyance on the inactive calendar for the term of Gonnella s incarceration until a time when a thorough evaluation of his ability to pay may be conducted and a farsighted plan for payment may be established. See Dep t of Revenue v. Jackson, 846 So. 2d 486 (Fla. 2003). Reversed and remanded. DAVIS and COVINGTON, JJ., Concur. -2-

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