McRae v. McRae
2012 Ohio 2463
Ohio Ct. App.2012Background
- Divorce finalized March 24, 2009; Carolyn alleged Jimmy failed to exercise stock options as ordered.
- Trial court found McRae in civil contempt and ordered him to purge by paying $9,750.48 to Carolyn.
- McRae paid $6,642.09 prior to sentencing; $3,108.39 remained unpaid at sentencing.
- Court imposed three weekend imprisonments as a purge penalty and notified remaining amount could purge.
- McRae paid the remaining sums; the court vacated jail sanctions after purge; appellate review became moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the contempt appeal is moot after purge. | McRae contends contempt and decree ambiguity; seeks review of the purge. | McRae argues trial court abused discretion; but must be moot if purge completed. | Appeal moot; contempt purge rendered appellate review unnecessary. |
Key Cases Cited
- Cramer v. Petrie, 70 Ohio St.3d 131 (1994) (contempt power to ensure justice; civil contempt allows purge)
- Brown v. Executive 2000, Inc., 64 Ohio St.2d 250 (1980) (civil-contempt sanctions coercive; purge to avoid jail)
- Pugh v. Pugh, 15 Ohio St.3d 136 (1984) (civil contempt to coerce compliance; purge required)
- Denovchek v. Bd. of Trumbull Cty. Commrs., 36 Ohio St.3d 14 (1988) (criminal contempt distinctions; punitive vindication of authority)