Lundregan v. Lundregan

Citation102 US App. DC 259,252 F.2d 823
Decision Date17 January 1958
Docket NumberNo. 14148.,14148.
PartiesThomas F. LUNDREGAN, Appellant, v. Mrs. G. Jeannette LUNDREGAN, Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)

Mr. John J. O'Brien, Washington, D. C., for appellant.

Mr. Walter M. King, Jr., Washington, D.C., for appellee.

Before PRETTYMAN, FAHY and BASTIAN, Circuit Judges.

FAHY, Circuit Judge.

The appeal is from an order of the District Court adjudging the appellant to be in contempt of that court for failure to obey its order for the payment of permanent maintenance and support for the minor children of himself and his wife, the appellee, and committing him to the Washington Asylum and Jail for a period of thirty days or until such earlier time as he should purge himself of such contempt by making payment of the sum of $225, or until further order of the court.

Under our Code one may not be imprisoned to compel obedience to a court order directing the payment of money "except in those cases especially provided for." 31 Stat. 1208 (1901), § 11-326, D.C.Code (1951). The only case especially provided for that has possible application here is where a husband fails or refuses to maintain his wife and minor children, although able to do so, after the court has decreed that he shall do so. 31 Stat. 1346 (1901), as amended, § 16-415, D.C.Code (1951), read with 31 Stat. 1346 (1901), as amended, § 16-410, D.C. Code (1951). See Queen v. Queen, 88 U.S.App.D.C. 157, 188 F.2d 624.

It has been the rule in this jurisdiction that when the validity of a commitment for contempt for nonpayment of a money judgment is questioned, the court will look behind the commitment order to the money judgment itself, and if that judgment is invalid on its face as a basis for commitment then the commitment will not be sustained. Bates v. Bates, 79 U.S.App.D.C. 14, 141 F.2d 723; Rapeer v. Colpoys, 66 App.D.C. 216, 85 F.2d 715. The rule that a decree of court, assuming a jurisdictional basis, must be obeyed until set aside by judicial process,1 is not deemed applicable because of the Congressional policy against imprisonment for debt except where Congress has explicitly provided therefor.

In the present case neither the underlying order of the District Court for the payment of money for maintenance of the minor children nor the commitment order itself rests upon the necessary finding that the husband has failed or refused to maintain his wife and minor children although able to do so. We may not supply a finding required for the validity of the commitment.2 We cannot say even that the court was aware of the necessity of ascertaining the facts requisite to the making of such a finding.

We do not question the validity of the money judgment except as a basis for imprisonment.

Reversed.

BASTIAN, Circuit Judge (dissenting).

This appeal is from an order of the District Court adjudging appellant to be in contempt for failure to obey its order for the payment of maintenance and support, both temporary and permanent, for the minor children of himself and his wife. As I read the majority opinion, the case is reversed because the underlying order for the payment of maintenance does not rest, on the record, upon the necessary finding that the husband has failed or refused to maintain the children; and apparently, further, that the order of contempt contains no such finding. As the matter presents a serious question and one that may affect many cases involving the support of children, I must dissent. I feel that both the underlying order for maintenance and the order for contempt are proper.

I.

The Order for Maintenance.

This action was instituted by the appellee wife against the appellant husband, a member of the Metropolitan Police Force, for maintenance of the minor children of the parties. On June 24, 1957, the District Judge, on final hearing, found that the wife was justified in leaving the family home, awarded the custody of the three minor children to the wife with right of visitation by the husband, and awarded the maintenance and support of the children the sum of $37.50 every two weeks. No appeal was taken from that order.

Previous to the final order, another District Judge, after hearing, had awarded the wife temporary maintenance for the children in the sum of $50 every two weeks, which was later reduced, after hearing before still another District Judge, in a temporary order to $37.50 every two weeks.

Neither the order for temporary maintenance nor that for reduction in the amount of temporary maintenance was appealed; nor was the final order of maintenance appealed, and that order is now final.

This final order for maintenance is, in my opinion, determinative of the jurisdictional requirements for the order. If appellant was not satisfied, or if he felt there were not proper findings, he should have appealed. This he did not do. It is well settled that the findings of fact and conclusions of law are not necessary unless an appeal is taken. See, e. g., Lee v. Walworth Co., D.C., 1 F.R.D. 569. The purpose of such findings and conclusions is simply to allow the appellate court, if appeal is taken, to have a clear understanding of the basis of the trial court's decision. Skelly Oil Co. v. Holloway, 8 Cir., 1948, 171 F.2d 670; Goodacre v. Panagopoulos, 1940, 72 App.D.C. 25, 110 F.2d 716. Certainly a judgment may not be collaterally attacked, as this one is, by reversing or remanding because of lack of findings after a judgment is final and unappealed, any more than it may be attacked after finality by reviewing the testimony.

In Bates v. Bates, 1944, 79 U.S.App. D.C. 14, 15, 141 F.2d 723, 724, we held:

"The District Code 1940, § 16-415 authorizes suits for maintenance. It does not expressly authorize awards of maintenance and suit money pendente lite, but those awards were within the District Court\'s discretion under its general equity powers.
"However, the District Code provides that where a decree directs only the payment of money, `no defendant shall be imprisoned except in those cases especially provided for.\' The court has `no power\' to overstep that limitation. Imprisonment is `especially provided\' for enforcement of permanent maintenance, and also for enforcement of alimony `during the pendency of a suit for divorce.\' But the orders in this case are not in either of those categories. Imprisonment is not `expressly provided\' for enforcement of maintenance pendente lite. It is true that the code permits enforcement of interlocutory orders by the same process as final decrees. But an order requiring the payment of maintenance, even pendente lite, is a final and not an interlocutory order. It follows that the court had no power to imprison appellant."

However, in 1949 § 16-415 was amended by including words permitting imprisonment for contempt for failure to pay maintenance pendente lite. Thus, pendente lite maintenance was placed in the same status as permanent maintenance, and failure to comply with the order for pendente lite maintenance is attended with the same consequences as failure to comply with an order for permanent maintenance, and imprisonment is "especially provided" for such failure.

From the above it seems clear that the underlying order for maintenance is valid, not only on its face but also as a matter of law. There is a jurisdictional basis for the decree and it may be enforced, in my opinion, by the means provided in § 16-415, as amended.

II.

The Contempt Order.

The appeal in this case is, as stated, from the contempt order. That order, in my opinion, is entirely proper.

On July 9, 1957, motion was filed to adjudge the husband in contempt for failure to comply with the order of court, it being alleged by appellee that appellant "is gainfully employed and is able to pay the amount now due"; that "he is now in arrears of payments due in the sum of $225.00"; and that his "failure and refusal to obey the orders has been willful and contemptuous." No answer whatsoever to nor denial of the quoted allegations was filed to this motion. On August 9, 1957, the court entered its order adjudicating the husband in contempt and committing him to the Washington Asylum and Jail for a period of thirty days "or until such earlier time as he shall purge himself of his contempt by paying" the amount of the arrears. The form of this order is one that has been used in the District Court for years, and I do not see why the case should be reversed simply because formal findings as to ability to pay, etc., were not stated in either of the orders. The purpose of findings is to determine issues presented to the court for determination. In Rule 52, F.R.Civ.P., 28 U.S.C.A. reference is made to findings of fact in actions tried by the court without a jury.

There was, of course, no "trial" of the issue of contempt. All of the necessary facts were undenied, namely, that appellant was gainfully employed and able to pay the amount due, and that his failure and refusal to obey the order were willful and contemptuous. Appellant made no effort to controvert these allegations, which were simple and which stood undenied; and any findings of fact would have been, in my opinion, totally useless and unnecessary.

Findings of fact are not necessary where there is no conflict of evidence in the record, Painter v. Prudential Ins. Co. of America, 228 Mo.App. 576, 71 S.W.2d 483; where there is no dispute about the facts, Mobile Drug Co. v. United States, D.C.S.D.Ala. 1930, 39 F.2d 940, Price v. Gordon,...

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