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Judges — Partial Recusal – Attorney’s Fees – Contempt Motion – Domestic Relations
Zurosky v. Shaffer (Lawyers Weekly No. 15-16-0793, 12 pp.) (Douglas McCullough, J.) Appealed from Mecklenburg County District Court (Paige McThenia, J.) N.C. App. Unpub. Holding: Although the trial judge recused herself from considering a motion for attorney’s fees that was filed by a member of her husband’s law firm, since the motion for attorney’s fees […]
Domestic Relations — Contempt – Separate Debt – Tax Liabilities
Snoke v. Snoke (Lawyers Weekly No. 15-16-0702, 15 pp.) (Wanda Bryant, J.) Appealed from Forsyth County District Court (Victoria Roemer, J.) N.C. App. Unpub. Holding: Proceeds from the sale of the parties’ marital residence were used to pay defendant’s separate tax liabilities. Where defendant had the ability to but willfully failed to repay plaintiff as […]
Bankruptcy — Chapter 13 – Plan Confirmation – Domestic Relations – Contempt Order
In re Ready (Lawyers Weekly No. 15-05-0583, 9 pp.) (Lena Mansori James, J.) 15-50155; M.B.N.C. Holding: Even though the debtor was held in contempt in an equitable distribution case due to her failure to make mortgage payments, this court finds only naïveté about finances and a sporadic employment history, not bad faith. The objection to […]
Domestic Relations — Child Support & Alimony – Husband’s Income – Contempt – Retirement Account
Bledsoe v. Bledsoe (Lawyers Weekly No. 15-16-0516, 15 pp.) (Linda McGee, C.J.) Appealed from Nash County District Court (John Covolo, J.) N.C. App. Unpub. Holding: The trial court found that the plaintiff-husband was earning $4,310 per month, but the only support in the record for this finding is a statement by the husband’s attorney. In […]
Domestic Relations — Civil Practice – Contempt – Appeals – Parent & Child – Support
State ex rel. Jordan v. Oakes (Lawyers Weekly No. 15-07-0361, 6 pp.) (Richard Dietz, J.) Appealed from Forsyth County District Court (Denise Hartsfield, J.) N.C. App. Holding: After defendant filed this interlocutory appeal from a show cause order, but before the record was docketed in this court, plaintiff Forsyth County asked the trial court to […]
Domestic Relations — Civil Practice – Contempt Motion – Involuntary Dismissal – New Motion – New Allegations – Parent & Child – Custody
Hebenstreit v. Hebenstreit (Lawyers Weekly No. 15-07-0238, 12 pp.) (John Tyson, J.) Appealed from Onslow County District Court (Louis Foy Jr., J.) N.C. App. Holding: It is true that the plaintiff-father’s first contempt motion was dismissed with prejudice for failure to prosecute; however, his second contempt motion included new allegations and sought new remedies with […]
Civil Practice — Discovery Violations – Sanctions – Contempt
Arnold v. Insurance Co. of the State of Pennsylvania (Lawyers Weekly No. 15-16-0048, 18 pp.) (Lisa Bell, J.) Appealed from Edgecombe County Superior Court (Quentin Sumner, J.) N.C. App. Unpub. Holding: A $2.4 million discovery sanction was not for plaintiff’s reasonable expenses or attorney’s fees, it was instead a civil contempt sanction; however, the trial […]
Criminal Practice — Indirect Criminal Contempt – Insufficient Findings – Probable Cause – Attorneys – Ex Parte Order
State v. Phillips (Lawyers Weekly No. 14-06-1191, 1 p.) (Per Curiam) Appealed from Stanly County Superior Court (Theodore S. Royster Jr., J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: On discretionary review from a Court of Appeals decision that an indirect criminal contempt order was fatally deficient because it did […]
Criminal Practice – Attorneys – Constitutional – Ineffective Assistance Claim – No Conflict of Interest – Contempt Hearing – Recess Request
State v. King (Lawyers Weekly No. 14-07-0668, 16 pp.) (Wanda Bryant, J.) Appealed from Buncombe County Superior Court (Alan Thornburg, J.) N.C. App. Holding: After (1) the state accused defense counsel of contempt, (2) the trial court rejected the accusation, and (3) defense counsel asked for a recess until the next morning “to kind of […]
‘Raleigh Geeks’ ordered to return computers
A Wake County judge has ordered a Raleigh-area computer repair company to return all property to consumers within five days or face contempt charges.
Defiant Ones
As coercion tools go, civil contempt is one of the most effective. The prospect of doing time down at the local jail is enough to convince most people to obey the court. But every now and then a judge runs up against a litigant who is beyond persuading. Superior Court Judge Jack W. Jenkins is […]
Family Law – Divorce – Maintenance of the Marital Residence –Contempt
Edwards v. Edwards Where defendant was more than $40,000 behind in payments to his ex-wife in their equitable distribution agreement, the trial court made no error in finding him in contempt.
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Commentary
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