movant must establish by 'clear and
convincing' proof that the underlying order was violated." HowardJohnson Co. v. Khimani, 892
F.2d 1512, 1516 (11th Cir. 1990) (citing Newman v. Graddick ... show a `present
inability to comply that goes `beyond a mere assertion of inability."' HowardJohnson Co. v.
Khimani, 892 F.2d at 1516. (quoting Combs v. Ryan's Coal