District Court of Appeal of Florida July 29, 1997, No. 97-2175 (Paez v. Manning)

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United States · · · 29-07-1997

PER CURIAM.

The state correctly concedes that the record does not support the court’s finding that the petitioner has the present ability to pay the purge amount. Bowen v. Bowen 471 So.2d 1274 (Fla.1985). We grant the petition for habeas corpus and order petitioner s release forthwith. On remand, the court may conduct further appropriate proceedings.

Habeas corpus granted; cause remanded.

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