North Carolina Lawyers Weekly
ST. LOUIS (AP) — The city’s elected prosecutor was not in contempt of court as a result of her office’s failure to have a prosecutor present when a murder trial was due to begin, a St. Louis judge ruled Monday. ...
Tagged with: Contempt
Read More »‘Defiant ones’ case sent back to trial court
Two brothers who have spent more than seven years in jail for defying a court’s order to abandon what they allege is their family’s land will get a new day in court, thanks to a unanimous Sept. 21 North Carolina ...
Tagged with: Contempt Defiant Ones
Read More »Civil Practice – Contempt – Refusal to Comply – Real Property – Trespass
We vacate our Court of Appeals’ decision (Regardless of whether defendants have the ability to comply with the trial court’s order – requiring them to remove structures from plaintiff’s land and to attest never to trespass on plaintiff’s land again ...
Tagged with: Contempt
Read More »Civil Practice – Contempt – Domestic Relations – Equitable Distribution – Marital Home
Where the trial court failed to address whether the parties’ consent order remains in force or whether “the purpose of the order may still be served by compliance with the order,” and where the trial court failed to conclude that ...
Tagged with: Contempt
Read More »Strike three for brothers jailed seven years for civil contempt
Two brothers who have been jailed for nearly seven years for civil contempt have failed for the third time to convince the North Carolina Court of Appeals to set them free. But the latest decision issued Jan. 16 includes a ...
Tagged with: Contempt
Read More »Civil Practice – Contempt – Refusal to Comply – Real Property – Trespass
Adams Creek Associates v. Davis (Lawyers Weekly No. 011-011-18, 28 pp.) (Rick Elmore, J.) (Donna Stroud, J., dissenting) Appealed from Carteret County Superior Court (Benjamin Alford, J.) N.C. App. Holding: Regardless of whether defendants have the ability to comply with ...
Tagged with: Contempt
Read More »Bare bones contempt order nixed
The North Carolina Court of Appeals took a moment in a recent opinion to caution trial judges throughout the state about the pitfalls of firing off incomplete orders. Judge Donna Stroud stressed that any “written, signed, and filed document ...
Tagged with: Contempt
Read More »Civil Practice – Contempt – Form Order – Appeals – Domestic Relations – Child Support
County of Durham v. Hodges (Lawyers Weekly No. 011-002-18, 18 pp.) (Donna Stroud, J.) Appealed from Durham County District Court (Fred Battaglia, J.) N.C. App. Holding: Even though a form order was only partially filled out, it was signed by ...
Tagged with: Contempt
Read More »Criminal Practice – Contempt – Foreign Records – Taxation
United States v. Ali (Lawyers Weekly No. 001-194-17, 15 pp.) (Diana Gribbon Motz, J.) No. 16-1655; Nov. 3, 2017; USDC at Greenbelt, Md. (Paul Grimm, J.) 4th Cir. Holding: When defendant waited until the contempt proceedings to raise the issue ...
Tagged with: Contempt
Read More »Domestic Relations – Alimony & Child Support – Contempt – Purge Conditions – Ability to Pay
Thompson v. Gerlach (Lawyers Weekly No. 012-126-17, 15 pp.) (Ann Marie Calabria, J.) Appealed from Durham County District Court (Doretta Walker, J.) N.C. App. Unpub. Holding: Even though the purge conditions imposed by the contempt order require defendant to make ...
Tagged with: Contempt
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