304 P.3d 969
Wyo.2013Background
- Father challenged district court’s award of Mother’s attorney’s fees incurred from Father’s discovery motions.
- Wyoming Supreme Court reversed the underlying fee award in Jensen I for lack of reasonableness, abrogating the fee order.
- Mother filed a motion for contempt when Father failed to pay within 90 days of the fee order.
- District court held Father in civil contempt and sanctioned him with an additional $600 in attorney’s fees tied to collection efforts.
- The Supreme Court, after Jensen I, determines whether the contempt order must be set aside since the fee award was reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the contempt order must be set aside after reversal of the fee award | Jensen argues the contempt should persist as civil remedy. | Milatzo-Jensen contends reversal dictates set aside. | Contempt order must be set aside |
Key Cases Cited
- In Interest of C.N., 816 P.2d 1282 (Wyo. 1991) (civil vs. criminal contempt distinction)
- Ager v. Jane C. Stormont Hospital and Training School for Nurses, 622 F.2d 496 (10th Cir. 1980) (difference between civil and criminal contempt; purposes and beneficiaries)
- United States v. Wendy, 575 F.2d 1025 (2d Cir. 1978) (civil contempt as compensatory/remedial)
- Swain v. State, 2009 WY 142, 220 P.3d 504 (Wy. 2009) (contempt proceedings framework in Wyoming)
- Garber v. United Mine Workers of America, 524 P.2d 578 (Wyo. 1974) (contempt procedures and standards)
- Plymale v. Donnelly, 2007 WY 77, 157 P.3d 933 (Wyo. 2007) (standard of review for questions of law)
- Norman Bridge Drug Co. v. Banner, 529 F.2d 822 (5th Cir. 1976) (criminal contempt punitive versus civil remedial aims)