Ward v. Ward
2014 Ark. App. 261
| Ark. Ct. App. | 2014Background
- Ward appeals a civil-contempt finding in Pulaski County Circuit Court for failing to obey divorce decree dated June 29, 2011.
- Decree awarded various assets: antique-car business to appellee, Bud Ward’s Collector Cars to appellant, and set mortgage and real estate obligations.
- Appellee filed contempt on June 30, 2011 alleging missed alimony and second-mortgage payments plus sale of jukebox in violation of a restraining order.
- August 10, 2011 contempt order jailed Ward bond of $5,000; other issues reserved.
- September 2, 2011 order found willful contempt for failing to pay obligations, return property, and other noncompliance; fee petition reserved for later.
- August 20, 2012 order resolved remaining issues, awarded assets, ordered sale of marital home, awarded appellee attorney’s fees $12,810, and affirmed contempt finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sanction constituted an impermissible modification of the decree | Ward argues Rule 60(a) allows modification | Ward contends sanction is a contempt remedy, not a modification | No modification; sanction proper within discretion |
| Whether Ward willfully failed to pay the second mortgage | Appellee says bond payments left mortgage past due; Ward failed to keep current | Ward argues payments were made; evidence contested | Evidence supports willful nonpayment; contempt affirmed |
| Whether Ward willfully failed to return or damaged property | Appellee showed items not returned or damaged while in Ward's possession | Ward disputed damage and nonreturnability; credibility for court | Findings supported by preponderance of the evidence; contempt affirmed on property issues |
| Whether attorney’s fees were properly awarded given reservation | Fees were reserved; proper to award | Fees permissible under inherent authority; within court’s discretion | Proper to award attorney’s fees; not an abuse of discretion |
Key Cases Cited
- Omni Holding & Dev. Corp. v. 3D.S.A., Inc., 356 Ark. 440 (Ark. 2004) (civil-contempt standards; distinctions between civil and criminal contempt)
- Conlee v. Conlee, 370 Ark. 89 (Ark. 2007) (trial court discretion in contempt sanctions)
- Davenport v. Uselton, 2013 Ark. App. 344 (Ark. App. 2013) (wide discretion to fashion contempt remedies)
- Friend v. Friend, 376 S.W.3d 519 (Ark. App. 2010) (inherent power to award fees in domestic-relations cases)