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Summary 2010 WY 35

Summary of Decision issued March 23, 2010

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Hamilton v. Hamilton

Citation: 2010 WY 35

Docket Number: S-09-0135

Appeal from the District Court of Sublette County, the Honorable Marvin L. Tyler, Judge.

Representing Appellant Pamela: W. Keith Goody, Cougar, Washington.

Representing Appellee Harry: John A. Thomas, Evanston, Wyoming.

Facts/Discussion: Pamela was adjudged in contempt of court for violating a temporary order entered by the district court in her divorce case. She claimed the ruling was null and void because the district court did not follow the procedures required in a criminal contempt hearing.

Contempt ? civil or criminal: The type of punishment to be imposed is the factor that decides whether a civil or criminal contempt has been committed. The basic purpose of the contempt order was to remedy the harm done to Harry and not to protect the public. The fact that Pamela can purge her contempt by paying the amount spent in violation of the order into a joint account suggests it is civil as well. Pamela is also required to pay Harry?s attorney fees. In divorce cases, the allowance of attorney fees is an exercise of the district court?s equitable powers and not a penalty. The Court reviewed the financial documents submitted but without a record of the hearing, the Court was unable to determine whether the spending they reflect was in violation or compliance with the temporary restraining order.

Conclusion: No order had been issued imposing punishment on Pamela. There was no final appealable order in her case therefore the Court lacked jurisdiction.

Dismissed.

J. Burke delivered the decision.

Link: http://tinyurl.com/yaz649b .

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.]

Full post as published by Law Library Letter on March 23, 2010 (boomark / email).