Smith v. Little
Docket Number: | 2002-CA-00092-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 04-22-2003 Opinion Author: King, P.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Contempt - Attorney’s fees Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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Trial Court: |
Date of Trial Judgment: 12-19-2001 Appealed from: Rankin County Chancery Court Judge: John Grant Disposition: APPELLANT FOUND IN CONTEMPT OF COURT AND JUDGMENT ENTERED FOR APPELLEE. Case Number: 47110 |
Party Name: | Attorney Name: | |||
Appellant: | In the Matter of the Dissolution of the Marriage of Angela Beth Smith and Randall Sawyer Smith: Randall Sawyer Smith |
JOHN W. CHRISTOPHER |
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Appellee: | Angela Beth (Smith) Little | JAMES A. BOBO C. JASON WOMACK |
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Synopsis provided by: If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
Topic: | Contempt - Attorney’s fees |
Summary of the Facts: | After Randall Smith and Angela Smith (Little) were granted a divorce on the ground of irreconcilable differences, Angela filed a motion for contempt alleging that Randall failed to comply with certain provisions of the property settlement agreement. The court found Randall to be in contempt, and Randall appeals. |
Summary of Opinion Analysis: | Issue 1: Contempt Randall argues that the court erred in finding him in contempt, because his obligation to make payments of periodic alimony terminated upon Angela’s remarriage. Randall presented this same issue on direct appeal, and found no error in the chancellor's determination that the provision related to the Jaguar automobile represented a division of marital property, rather than periodic alimony. In addition, while Randall claims that his attorney advised him that he should not send the monthly car allowance to Angela, a contemnor’s claim that he was acting upon the advice of counsel in violation of a solemn decree of the court is no defense to a proceeding for contempt. Issue 2: Attorney’s fees Randall argues that Angela did not offer sufficient evidence to justify an award of attorney's fees. A contemnee may recover attorney fees related to pursuing actions where a contemnor has wilfully violated a lawful order of the court. Therefore, the court did not err in awarding Angela reasonable attorney's fees. |
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