McCawley v. McCawley
| Decision Date | 29 October 1986 |
| Docket Number | No. 18142-CA,18142-CA |
| Citation | 499 So.2d 220 |
| Parties | Amelia P. McCAWLEY, Plaintiff-Appellee, v. Jack Ray McCAWLEY, Defendant-Appellant. |
| Court | Court of Appeal of Louisiana — District of US |
J. Stacey Freeman, Shreveport, for defendant-appellant.
James B. Wells & Associates by James B. Wells, Bossier City, for plaintiff-appellee.
Before FRED W. JONES, Jr., NORRIS and LINDSAY, JJ.
This contempt proceeding arose in the context of a rule to show cause why alimony arrearages should not be made executory. The husband appealed the trial judge's denial of his declinatory exception of insufficiency of service of process. We affirm for the reasons set forth.
The McCawleys were married in Longview, Texas on July 24, 1980, and established their matrimonial domicile in Bossier Parish. On August 31, 1984, the wife filed for a legal separation on grounds of abandonment and adultery. The husband subsequently agreed to pay $350 per month in alimony beginning October 1, 1984, and a judgment to that effect was rendered in open court on November 8, 1984, and signed on March 13, 1985. Attorney J. Gregory Caver represented the husband between October 18, 1984 and November 8, 1984.
On August 27, 1985, the wife filed a rule to show cause for contempt, to make past due sums executory, and for attorney fees. The husband was served through his attorney of record (Caver) on September 18, 1985. On October 31, 1985, J. Stacey Freeman, after having apparently enrolled as counsel for the husband, filed a declinatory exception of insufficiency of service of process, which was overruled. In a judgment rendered the same day, the trial court, among other things, found the husband in contempt. This judgment was signed December 11, 1985.
The only issue on appeal is whether a contempt rule filed in conjunction with a rule to make past due sums for alimony executory can be served on the attorney who represented the party in the separation proceedings in which the alimony pendente lite was originally awarded.
Appellant contends a contempt proceeding is criminal in nature, and service of process must be made by personal service or the court must find the person had actual knowledge of the charges against him. This argument is without merit.
Sufficiency of service of process on a party's counsel of record depends on whether the court has jurisdiction over that person. If the court has jurisdiction, then service on the party's counsel of record is proper. Imperial...
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State Through Louisiana Div. of Health and Human Resources v. Simmons
...when the court has jurisdiction over that person. LSA-C.C.P. art. 1314; Imperial v. Hardy, 302 So.2d 5 (La.1974); McCawley v. McCawley, 499 So.2d 220 (La.App. 2d Cir.1986). There is no dispute that the trial judge had continuing jurisdiction over this matter. Once jurisdiction attached, it ......