K.M.G. v. H.M.W.
Decision Date | 29 September 2017 |
Docket Number | No. 116 WDA 2017,116 WDA 2017 |
Citation | 171 A.3d 839 |
Parties | K.M.G., Appellee v. H.M.W., Appellant |
Court | Pennsylvania Superior Court |
Kerith S. Taylor, Brookville, for appellant.
H.M.W. (Mother) appeals from the December 14, 2016 order finding her to be in contempt of court. We reverse.
Trial Court Opinion, 2/15/2017, at 2–3 ( ).
Order, 12/14/2016, at 1 (unnecessary capitalization omitted).
Mother timely filed an appeal of this order. Both Mother and the trial court complied with Pa.R.A.P. 1925. On appeal, Mother raises two issues.
Mother's Brief at 9 ( ).1
Before we may address Mother's substantive claims, we must determine the appealability of the December 14, 2016 order. "This [C]ourt may examine appealability sua sponte because it affects our jurisdiction over the matter." In re K.K., 957 A.2d 298, 303 (Pa. Super. 2008) (quoting In re Estate of Fritts, 906 A.2d 601, 605 (Pa. Super. 2006) ).
To that end, this Court ordered Mother to show cause as to why her appeal should not be quashed, citing Genovese v. Genovese, 379 Pa.Super. 623, 550 A.2d 1021 (1988), for the proposition that contempt orders are appealable only after imposition of sanctions. Mother complied with the show-cause order, arguing that her appeal should not be quashed. Mother's argument had two components. First, Mother contended that although the trial court stated it was not imposing any sanctions, it did, in fact, impose a sanction when it ordered Mother to engage in family counseling with Father because family counseling was never previously ordered and could only be conducted at financial cost to Mother. Reply of Mother to Show–Cause Order, 2/10/2017, at 1–3. Second, Mother argued that even if ordering her to undergo family therapy did not constitute a sanction, because the contempt order disposed of all pending claims and parties in the custody action, the contempt order falls within the scope of a final order as defined by Pa.R.A.P. 341. Id. at 4. We agree with both of Mother's arguments.
Generally, "[a]n appeal may be taken only from a final order, unless otherwise permitted by rule or statute." Rhoades v. Pryce, 874 A.2d 148, 151–53 (Pa. Super. 2005) ; Pa.R.A.P. 341(a). "A final order is one that disposes of all the parties and all the claims, is expressly defined as a final order by statute, or is entered as a final order pursuant to the trial court's determination." Stahl v. Redcay, 897 A.2d 478, 485 (Pa. Super. 2006) (quoting In re N.B., 817 A.2d 530, 533 (Pa. Super. 2003) (citing Pa.R.A.P. 341(b)(1)–(3) ).
Here, a review of the record reveals that the only matter pending on the docket prior to the entry of the trial court's December 14, 2016 order was Father's petition for contempt. The sole relief requested by Father's petition was for the trial court to enter an order directing Mother to appear for a hearing to show cause why she was not in contempt of court. Petition for Contempt, 10/23/2016, at 2 (pages unnumbered). The court entered such an order. Order, 10/27/2016, at 1. On December 14, 2016, Mother appeared before the trial court, and a hearing was conducted regarding Father's petition wherein the parties presented testimony and exhibits. Subsequent to the hearing, the trial court entered an order with a direct finding that Mother was in contempt of the court's prior orders. It is clear from the text of the order that no further proceedings or orders regarding the matter were contemplated. Thus, because the trial court's December 14, 2016 order "disposes of all claims and of all parties," it is a final order. Pa.R.A.P. 301(a).
We recognize that the order stated that sanctions were not imposed on Mother, a contention the trial court echoes in its Pa.R.A.P. 1925(b) opinion. Order, 12/14/2016, at 1; Trial Court Opinion, 2/15/2017, at 4. This Court has often stated that "an order of contempt is not appealable if sanctions were not imposed." See, e.g., N.A.M. v. M.P.W., 168 A.3d 256, 260, 2017 WL 3378878, at *3 (Pa. Super. 2017) ( ). However, we find this line of cases to be distinguishable.
First, assuming arguendo that the order in the instant case did not impose sanctions, the lack of sanctions does not change the fact that the contempt order at issue plainly disposed of all claims and all parties. Although this Court has often repeated the refrain that sanctions must be imposed before an order is final and appealable, an examination of the cases reveals that there is often more nuance to the cases beyond a mere lack of sanctions.
In most of the cases, it is clear that either the order did not make a present finding of contempt, or revealed that the trial court contemplated further proceedings, thereby failing to meet the finality requirement of disposing of all claims and all parties. See Takosky, 906 A.2d at 1255 ( ); Sargent v. Sargent, 733 A.2d 640, 641 (Pa. Super. 1999) ( ); Kenis v. Perini Corp., 452 Pa.Super. 634, 682 A.2d 845, 848 (1996) ( ); Genovese, 550 A.2d at 1022–23 ( ); Rulli v. Dunn, 337 Pa.Super. 613, 487 A.2d 430, 431 (1985) ( ); McManus v. Chubb Grp. of Ins. Companies, 342 Pa.Super. 405, 493 A.2d 84, 86 (1985) ( ); Guisler v. Alexander, 307 Pa.Super. 219, 453 A.2d 4, 4–5 (1982) ( ); Brodsky v. Philadelphia Athletic Club, Inc., 277 Pa.Super. 549, 419 A.2d 1285, 1286–88 (1980) (...
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