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Tag Archives: criminal contempt

Civil Practice – Appeals – Timely – Certificate of Service – Attorney’s Fees – Criminal Contempt – Reversal (access required)

Church v. Church Even though defense counsel has filed an affidavit indicating that he served the trial court’s order on plaintiff, since no certificate of service was filed, the time for filing an appeal from the trial court order has not run, and plaintiff’s appeal is timely. Defendant’s motion to dismiss the appeal is denied. The trial court’s award of attorney’s fees to defendant is reversed. Remanded.

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Domestic Relations – Parent & Child – Visitation – Contempt – Child Support Payments – Mental Health Evaluation (access required)

Maxwell v. Maxwell Even though the trial court acted within its authority when it ordered the plaintiff-father to undergo a mental health evaluation, the trial court was nevertheless required to make findings as to the father’s unfitness as a parent or as to the children’s best interests before the trial court suspended the father’s visitation privileges. We affirm the trial court’s finding that the father was in contempt and its order that the father undergo a mental health evaluation. However, we reverse and remand for further findings with respect to the suspension of the father’s visitation privileges.

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Civil Practice – Attorneys – Criminal Contempt – Sanction – Dismissal – Disciplinary Order – Co-Counsel Required (access required)

Ray v. Greer Plaintiffs knew their attorney was required by a disciplinary order to practice only with co-counsel. After plaintiffs' attorney and her original co-counsel reached an impasse over a difference in trial strategy, plaintiffs chose to remain represented by their attorney, and they stayed with her even when she failed to comply with a court order to obtain substitute co-counsel by the date required. We affirm the trial court's dismissal of plaintiffs' complaint as a sanction for their attorney's failure to obtain co-counsel.

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