19 results for 'cat:"Civil Procedure" AND cat:"Contempt"'.
J. Hanson dismisses the appeal in this dispute between property owners involving a roadway that allegedly separates the parties' properties. The contempt judgment at issue is void, as the appellee failed to properly adhere to certain precedents before seeking a judgment of contempt against the appellant. The court notes that the dismissal is without prejudice, however.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: May 3, 2024, Case #: CL-2023-0421, Categories: civil Procedure, contempt, Real Estate
J. Gravois finds that the trial court properly issued a permanent injunction against defendant in favor of plaintiffs after defendant drove to plaintiffs’ home and made verbal threats against their lives. However, the permanent injunction should not have included one of the plaintiffs' sons because the son was not a named party, and they did not seek any injunctive relief in favor of the son. Further, the trial court should not have found defendant in contempt of court because she did not have notice of this claim. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: March 13, 2024, Case #: 23-CA-213, Categories: civil Procedure, contempt
J. Hunter finds that attorney Michelle Charles was properly found to be in constructive contempt of court for her failure to appear at a criminal trial on behalf of her client without justification. In this case, the client and 21 witnesses called by the defense were present in court, but attorney Michelle Charles could not be located. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: January 10, 2024, Case #: 55,462-KA, Categories: civil Procedure, contempt
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Per curiam, the court of civil appeals finds that the lower court improperly modified the father's visitation schedule with the children. The lower court exceeded its discretion in awarding the father graduated visitation "based entirely on speculation as to future circumstances." Instead, the schedule should be based on current circumstances. The rest of the judgment is due to be affirmed, however, including the finding of contempt against the mother. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: December 1, 2023, Case #: CL-2022-1025, Categories: civil Procedure, contempt, Family Law
J. Pena finds that a civil contempt order on a newspaper that disobeyed a subpoena to produce a reporter's unpublished jailhouse interview notes in an underlying murder case was procedurally invalid. Counsel seeking the material failed to provide personal service of a show cause order on the newspaper, as required to commence a separate action on the contempt charge. The contempt order failed to specify the punishment, and the trial court's 10-day stay of the judgment was ambiguous. However, the trial court properly denied the newspaper's motion to quash the subpoena. Under the newspersons' shield law, the trial court had discretion to find the newspaper's published story provided nonspeculative indications that the reporter's unpublished notes could be key to codefendant's defense. The subpoenaed material is not confidential or sensitive and there is no alternative source. Defendant faces life without parole, so his right to a fair trial outweighs the protection given to reporters under the law, and the potential importance of the information favors defendant. Vacated in part.
Court: California Courts Of Appeal, Judge: Pena, Filed On: November 7, 2023, Case #: F086308, Categories: civil Procedure, Civil Rights, contempt
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the petitioner's request for writs of mandamus and prohibition to compel a jury trial after contempt proceedings were initiated. There is no right to a jury trial during civil contempt proceedings and he had an adequate remedy to challenge the court's jurisdiction through a direct appeal of any adverse ruling. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 26, 2023, Case #: 2023-Ohio-3864, Categories: civil Procedure, contempt
J. Palafox finds a lower court did not err in clarifying and enforcing the division of property in a divorce case. The ex-husband argued the terms of an agreed-upon divorce decree were not “ambiguous” and that the court therefore had no business to further modify and clarify it — but after a dispute arose among the parties about the terms of the agreement, the lower court determined the agreement was not “specific enough to allow enforcement by contempt” and therefore committed no error in further clarifying. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: July 14, 2023, Case #: 08-22-00218-CV, Categories: civil Procedure, contempt, Family Law
J. Dillard finds that the trial court improperly denied the medical practice operator's motion to set aside orders granting the individual attorney fees and granting her motion to compel the operator to fully respond to discovery requests. The trial court also incorrectly denied the operator's motion to set aside a contempt order. The operator was not properly served because sending the motions via regular U.S. mail did not satisfy the requirements of due process. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 5, 2023, Case #: A23A0185, Categories: civil Procedure, contempt