Opperman v. Sullivan, 68655
| Decision Date | 16 March 1983 |
| Docket Number | No. 68655,68655 |
| Parties | William OPPERMAN, Plaintiff, v. The Honorable B.C. SULLIVAN, As Judge of the District Court of Iowa In and For BREMER COUNTY, Defendant. |
| Court | Iowa Supreme Court |
David M. Engelbrecht of Engelbrecht, Ackerman & Hassman, Waverly, for plaintiff.
Gary J. Boveia of Boveia Law Offices, Waverly, for defendant.
Considered by LeGRAND, P.J., * and HARRIS, McCORMICK, McGIVERIN, and LARSON, JJ.
Plaintiff William G. Opperman brought this certiorari action to challenge the defendant district court's order finding him in contempt and sentencing him for failure to comply with the child support provisions of a dissolution decree. He contends that the court could not constitutionally acquire jurisdiction of him through personal service of the rule to show cause in Illinois and that the court lacked authority to sentence him when he was not personally present. We find no merit in his contentions and consequently annul the writ.
No dispute exists that the court had jurisdiction of Opperman in the dissolution action in which a decree requiring Opperman to pay child support and execute a wage assignment to make these payments was entered on September 21, 1981. Opperman was then a resident of Iowa. Subsequently he moved to Illinois. In April 1982 the court issued Opperman a rule to show cause why he should not be punished for contempt for noncompliance with the child support provisions of the decree. The rule was personally served on Opperman in Illinois on April 23, 1982.
On May 14, 1982, Opperman appeared specially, alleging he was a nonresident of Iowa, was served outside the state, had no contacts with Iowa and, therefore, was not subject to the court's jurisdiction. The district court overruled the special appearance. Subsequently, a hearing was held on the contempt allegations. Opperman appeared through an attorney but was not personally present. Evidence was taken, but the court deferred ruling to a subsequent date to give Opperman an opportunity to appear personally. On that date Opperman's attorney told the court Opperman would not be present. The court found that the contempt allegations had been established and proceeded to sentence Opperman to thirty days in jail.
I. Jurisdiction. In contending the court lacked jurisdiction over him Opperman does not attack the manner of service. Thus we are not confronted with an issue under Iowa R.Civ.P. 56.1 like that involved in Beauchamp v. District Court, 328 N.W.2d 527 (Iowa 1982). Opperman argues the court lacked jurisdiction because he had insufficient contacts with Iowa to permit Iowa courts to exercise jurisdiction over him. In making this argument he invokes the minimum contacts doctrine under the due process clause of the fourteenth amendment of the United States Constitution applied in cases like Kagin's Numismatic Auctions, Inc. v. Criswell, 284 N.W.2d 224, 228-31 (Iowa 1979).
Opperman's argument overlooks the basis of the contempt citation. The contempt procedure is part of the dissolution proceeding to which he was a party. We have previously noted the court's continuing jurisdiction to modify a dissolution decree. In re Marriage of Meyer, 285 N.W.2d 10, 10-11 (Iowa 1979). It logically follows that the court's continuing jurisdiction also applies to actions to enforce the decree. See McClenny v. Superior Court of Los Angeles County, 60 Cal.2d 677, 388 P.2d 691, 36 Cal.Rptr. 459 (1964). Thus the contempt proceeding was merely supplementary to the main suit. Because the court had personal jurisdiction over Opperman in the dissolution action, it had sufficient basis under traditional notions of fair play and substantial justice to assert personal jurisdiction over him to enforce the decree.
This did not excuse the court from providing...
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Skinner v. Ruigh, 83-330
...provides the procedural framework for the contempt case, and section 598.23 defines the applicable penalty. See, e.g. Opperman v. Sullivan, 330 N.W.2d 796, 797 (Iowa 1983); Bevers v. Kilburg, 326 N.W.2d 902, 902-04 (Iowa 1982); Lutz v. Darbyshire, 297 N.W.2d 349, 352-53 (Iowa The procedure ......
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State v. Blume
...as well, courts have expressed the view that a contempt proceeding is a continuation of the underlying suit. E.g., Opperman v. Sullivan, 330 N.W.2d 796 (Iowa 1983) (because contempt proceeding is part of underlying dissolution case, trial court did not need to establish independent basis fo......
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Phillips v. Iowa Dist. Court for Johnson County
...while section 598.23 defines the potential sanctions. Skinner v. Ruigh, 351 N.W.2d 182, 184 (Iowa 1984); see, e.g., Opperman v. Sullivan, 330 N.W.2d 796, 797 (Iowa 1983); Bevers v. Kilburg, 326 N.W.2d 902, 902-04 (Iowa 1982). Section 598.23 provides in pertinent 1. If a person against whom ......
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State ex rel. R.G. v. W.M.B.
...obtained judicial jurisdiction of the matter and reasonable notice and opportunity to be heard have been afforded. See Opperman v. Sullivan, 330 N.W.2d 796 (Iowa 1983) (upholding the continuing jurisdiction of the court in contempt proceedings for failure to comply with child support provis......