
    David MROZ, Petitioner, v. Chief Deputy Susan W. McCAMPBELL, etc., et al., Respondents.
    No. 97-3726.
    District Court of Appeal of Florida, Fourth District.
    Oct. 30, 1997.
    M. Lisa Presley, Pompano Beach, for Petitioner.
    Joseph R. Boyd and William H. Branch of Boyd, Lindsey, Williams & Branch, P.A., and Chriss Walker of the Department of Revenue, Office of Child Support Enforcement, Tallahassee, for Respondent Department of Revenue.
   PER CURIAM.

We grant the habeas petition and order petitioner’s immediate release from detention, without prejudice to the trial court to place petitioner again in detention in compliance with Pompey v. Cochran, 685 So.2d 1007 (Fla. 4th DCA 1997). In particular, the contempt order fails to contain an affirmative finding by the trial court that petitioner possessed the present ability to pay the purge amount. See id. at 1015. No motion for rehearing will be entertained by this court, and the clerk is directed to issue mandate immediately.

GLICKSTEIN and STEVENSON, JJ., concur.

GROSS, J., specially concurs with opinion.

GROSS, Judge,

concurring.

I concur in the result. Petitioner is entitled to relief because the trial court failed to comply with the provision of its September 11, 1997 order to hold a hearing on petitioner’s ability to purge within “4 business days of incarceration.”  