Purdy v. Purdy
2013 Ohio 280
Ohio Ct. App.2013Background
- Purdy and Purdy divorced in 2007; decree required support and debt payments and compliance with a mutual restraining order.
- In 2010, Kathy Purdy sought contempt findings for nonpayment of debts and support, and for failing to notify child support agency.
- In Sept. 2010 the court partially granted the motion, requiring Purdy to pay certain debts within 60 days or face contempt for nonpayment.
- Nov. 2011 magistrate found Purdy in contempt for several failures and sentenced him; Pope and Levy debt sentence was abeyed to allow purge.
- February 2012 Purdy sought extension to purge contempt; the parties filed a Memorandum of Agreement; drafts reflected agreement but were not attached.
- Court issued an Agreed Judgment Entry resolving the extension motion; Purdy appealed, but the appellate court dismissed for lack of a final, appealable order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the contempt proceeding order is final and appealable | Purdy argues the entry memorializes the agreement, should be final. | Purdy contends the entry reflects the agreement and is appealable. | No final order exists; interlocutory dismissal of appeal. |
Key Cases Cited
- Eddie v. Saunders, 2008-Ohio-4755 (4th Dist. 2008) (courts lack jurisdiction where order is not final in contempt)
- State v. Locke, 2011-Ohio-5596 (4th Dist. 2011) (sua sponte jurisdiction concerns)
- Clyburn v. Gregg, 2011-Ohio-5239 (4th Dist. 2011) (contempt requires both finding and sanction for finality)
- Cooper v. Cooper, 471 N.E.2d 525 (Ohio App. 8th Dist. 1984) (sufficiency of finality in contempt orders)