2020 Ohio 1644
Ohio Ct. App.2020Background
- David and Jennifer Johnson divorced after proceedings that required division of personal property; two safes (family and business) contained disputed items.
- The parties filed a March 8, 2019 Agreed Order requiring David, within 14 days, to return specific items to Jennifer (including her engagement stone, parents’ trust documents, children’s savings bonds, family photos/videos, and specified documents).
- Jennifer filed a show-cause motion alleging David failed to return the engagement stone, trust documents, all savings bonds, and full copies of family photos/videos; hearing held July 2, 2019.
- At the hearing David returned some items but not all, acted disrespectfully and interruptively, and his father testified for him; trial court found David in direct contempt six times (60 days served) and in contempt of the Agreed Order for four distinct violations (120 days imposed, subject to purge by completing specified returns/payments).
- David appealed eight assignments of error; the appellate court reviewed for abuse of discretion and affirmed the trial court on all issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court may impose separate jail terms for multiple violations in one contempt action | Each distinct violation warranted a sanction (Jennifer sought sanctions for each unreturned item) | Only one contempt punishment applies per hearing under R.C. 2705.05/Pugh; at most one 30-day term | Trial court may punish multiple violations; review for abuse of discretion — no abuse here; affirmed |
| Whether court erred by finding multiple direct contempts during the hearing | Court properly sanctioned repeated courtroom misconduct | Court should have suspended after first contempt finding; subsequent findings improper | Direct-contempt judgment moot as defendant served the 60-day sentence; no collateral consequences shown; affirmed |
| Whether Jennifer perjured herself and whether David was denied the chance to impeach her | Jennifer’s inconsistent affidavit/testimony did not undermine credibility; trial court could credit her | Alleged perjury and denial of impeachment warranted relief | David did not attempt impeachment on cross; credibility determinations for trial court reasonable; no abuse of discretion |
| Whether pre-Agreed Order inventory was admissible | Inventory irrelevant to compliance with the Agreed Order | Inventory should have been admitted to show contents of safes | Trial court reasonably excluded pre-Order inventory as irrelevant; no abuse of discretion |
| Whether ordering redrafting costs for parents’ trust was proper purge remedy | Redrafting cost reasonably compensates Jennifer if originals unavailable | Defendant should only pay copying costs | Trial court acted reasonably ordering redraft cost or return of originals to purge contempt |
| Whether awarding $250 court costs and $350 attorney fees was proper | Fees/costs were incurred because of defendant’s contempt and equitable under R.C. 3105.73(B) | Clerk should determine costs; award not in Agreed Order so improper | Trial court had discretion and reasonably awarded the uncontested fees/costs; no abuse of discretion |
Key Cases Cited
- State ex rel. Johnson v. Cty. Court of Perry Cty., 25 Ohio St.3d 53, 495 N.E.2d 16 (Ohio 1986) (courts possess inherent contempt power not limited by statute)
- Pugh v. Pugh, 15 Ohio St.3d 136, 472 N.E.2d 1085 (Ohio 1984) (under former statutory framework, one could not be imprisoned for each violation composing a contempt charge)
- Hale v. State, 55 Ohio St. 210, 45 N.E. 199 (Ohio 1896) (legislature may not abridge constitutional courts’ contempt power)
- Cincinnati v. Cincinnati Dist. Council 51, 35 Ohio St.2d 197, 299 N.E.2d 686 (Ohio 1973) (statutory contempt powers are cumulative to inherent judicial power)
- AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 553 N.E.2d 597 (Ohio 1990) (definition and review standard for abuse of discretion)
- Springfield v. Myers, 43 Ohio App.3d 21, 538 N.E.2d 1091 (Ohio Ct. App. 1988) (appeal of contempt is moot where sentence served absent collateral consequences)