
    Richard PORTEE, Petitioner, v. Donald MANNING, Dir., Dade Co. Dept. of Corr., Respondent.
    No. 97-03146.
    District Court of Appeal of Florida, Third District.
    Nov. 7, 1997.
    Bennett H. Brummer, Public Defender and John E. Morrison, Assistant Public Defender, for Petitioner.
    Robert A. Butterworth, Attorney General and Mark Rosenblatt, Assistant Attorney General, for Respondent.
    Before SCHWARTZ, C.J., and JORGENSON and GREEN, JJ.
   PER CURIAM.

Upon the respondent’s proper confession of error, the emergency petition for writ of habeas corpus is granted and the petitioner is to be released forthwith where there was insufficient evidence to support the lower court’s determination that the petitioner has the present ability to pay the purge amount in this civil contempt proceeding. See Johnson v. Felton, 655 So.2d 1286 (Fla. 3d DCA 1995).  