Angela Moody v. Edward Moody
2022 Ark. App. 228
| Ark. Ct. App. | 2022Background:
- Angela and Edward Moody were divorced in 2015 and thereafter filed numerous post-divorce motions (contempt, modification, motions to compel).
- The circuit court held a hearing Nov. 13–15, 2019 and issued an initial order June 23, 2020 and an amended order June 30, 2020.
- The amended order denied Angela’s requests to modify visitation, restrict travel, require summer tutoring, and enforce certain property-settlement terms; it reserved ruling on two insurance/beneficiary requests.
- The court found both parties in willful contempt and imposed 48-hour jail sentences for each, but suspended those sentences conditioned on strict future compliance.
- Angela timely moved for reconsideration (July 7); the motion was deemed denied (Aug. 6), and she filed a notice of appeal (Sept. 4).
- The Court of Appeals dismissed the appeal without prejudice for lack of jurisdiction because the circuit court’s order was nonfinal (outstanding reserved issues and suspended contempt sanctions).
Issues:
| Issue | Plaintiff's Argument (Moody) | Defendant's Argument (Moody) | Held |
|---|---|---|---|
| Modification of visitation | Trial court should have modified visitation as requested | Order is not final; denial is interlocutory | Appeal dismissed for lack of final order |
| Enforcement of prior travel orders / travel restrictions | Court should enforce prior travel restrictions and impose limits | Reserved issues and nonfinal order; contempt sanctions suspended | Appeal dismissed for lack of final order |
| Ordering summer tutoring for child | Court should order summer tutoring and limit travel so child can attend | Nonfinal; relief falls within pending proceedings | Appeal dismissed for lack of final order |
| Enforcement of property-settlement terms (life insurance, beneficiary designation) | Court should require life insurance and beneficiary designation as requested | Court reserved ruling on these requests; order not final | Appeal dismissed for lack of final order |
Key Cases Cited
- Moody v. Moody, 533 S.W.3d 152 (Ark. Ct. App. 2017) (prior appellate decision in the parties’ ongoing litigation)
- Williams v. Williams, 599 S.W.3d 137 (Ark. Ct. App. 2020) (discussing finality and avoiding piecemeal appeals)
- Harold Ives Trucking Co. v. Pro Transp., Inc., 19 S.W.3d 600 (Ark. 2000) (order not final when further proceedings on main claims remain)
- Henry v. Eberhard, 832 S.W.2d 467 (Ark. 1992) (suspended contempt sentence amounts to remission of contempt)
- John v. Bolinder, 498 S.W.3d 307 (Ark. Ct. App. 2016) (denial of visitation modification is not equivalent to an appealable custody award)