2020 Ohio 3443
Ohio Ct. App.2020Background
- Grant and Brenda Hammond divorced in July 2012; the decree awarded Brenda sole residential and legal custody and gave her sole authority to determine the children’s schooling.
- In August 2017 Brenda moved for contempt after Grant enrolled the older child in a school in his district, relying on an alleged letter from the court clerk.
- A magistrate found Grant in civil contempt under R.C. 2705.02(A) for resisting the divorce decree; the trial court adopted the finding.
- The trial court sentenced Grant to 30 days in jail and a $250 fine, but allowed him to purge the contempt by paying Brenda $2,225 in attorney fees by July 8, 2019.
- Grant paid the ordered attorney fees to purge the contempt and admitted on appeal that he had done so; he did not post an appellate bond under R.C. 2705.09 to stay the contempt order.
- Because Grant voluntarily purged the contempt, the First District held the appeal moot and dismissed it sua sponte.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an appeal of a civil-contempt finding remains justiciable after the contemnor voluntarily purges the contempt | Hammond challenges the contempt finding on appeal | Larson argues the voluntary purge eliminated any live controversy | Appeal is moot; dismissal affirmed because Hammond purged the contempt |
| Whether the contemnor must use R.C. 2705.09 bond to stay contempt execution pending appeal | Hammond did not obtain a bond and argues on merits instead | Larson and the court note R.C. 2705.09 provides a bond procedure to suspend execution | Court notes the bond remedy exists; Hammond’s failure to post bond meant purge mooted the appeal |
Key Cases Cited
- Docks Venture, L.L.C. v. Dashing Pacific Group, Ltd., 141 Ohio St.3d 107 (final appealable order for contempt; purge can render appeal moot)
- Cyran v. Cyran, 152 Ohio St.3d 484 (mootness doctrine: courts will not decide cases without a live legal controversy)
- Powell v. McCormack, 395 U.S. 486 (lack of legally cognizable interest renders case moot)
- Pugh v. Pugh, 15 Ohio St.3d 136 (R.C. 2705.09 bond procedure to suspend contempt execution)