Newton v. GOLDEN GROVE PECAN FARM
309 Ga. App. 764
Ga. Ct. App.2011Background
- Georgia Court of Appeals reversed contempt judgment against Salina Newton, court-appointed receiver, for pre-August 2 conduct due process issues.
- Prosecution sought forfeiture under Georgia RICO Act; Newton appointed receiver over Bleckley properties in Stewart and Webster Counties.
- Newton filed Chapter 11 bankruptcy petitions on April 30, 2010, without court-directed authorization; court had not revoked her appointment in writing.
- April 13 status hearing: court indicated possible dissolution or modification of receivership; record of exact directives unclear (no transcript).
- June 24 nunc pro tunc order attempted to remove Newton as receiver; bankruptcy stayed actions affecting estate; authority contested.
- August 2 status conference proceeded with contempt findings; appeal challenges both pre- and post-August 2 conduct and procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pre-August 2 contempt notice due process? | Newton lacked fair notice and opportunity to defend. | Court complied with procedural rules for indirect contempt via status conference. | Vacate pre-August 2 contempt; remand for proper notice and defense. |
| Was pre-August 2 bankruptcy filing indirect contempt? | Filing violated court directions as receiver; constitutes contempt. | Complex procedural context; not properly adjudicated without adequate notice. | Remand; not sustained as indirect contempt. |
| Direct contempt at August 2 hearing based on lawyer's arguments? | Lawyer's arguments to continue bankruptcy filings denied authority; contempt by client. | Arguments lacked intent to disrupt; not beyond permissible advocacy. | Reverse direct contempt finding; no sustained basis in record. |
| Should Newton be reassigned for remand contempt proceedings? | Current judge best to handle remand contempt. | Potential bias concerns warrant new judge. | Remand to a different judge for further contempt proceedings. |
Key Cases Cited
- Ramirez v. State, 279 Ga. 13 (Ga. 2005) (indirect contempt requires notice and opportunity to respond)
- Dowdy v. Palmour, 251 Ga. 135 (Ga. 1983) (due process for contempt includes notice and right to be heard)
- In re Jefferson, 283 Ga. 216 (Ga. 2008) (lawyer statements may lead to contempt only if excessive; beyond permissible advocacy)
- Pounders v. Watson, 521 U.S. 982 (U.S. 1997) (summary contempt if necessary to protect court's immediacy)
- Pimper v. State of Ga., 274 Ga. 624 (Ga. 2001) (bankruptcy stay affects state court orders; jurisdictional limits)
- Evans v. White, 178 Ga. 262 (Ga. 1934) (receiver acts may be considered in presence of court; contamination of contempt scope)