Phillips v. Tittle, S92A0018
Decision Date | 16 January 1992 |
Docket Number | No. S92A0018,S92A0018 |
Citation | 411 S.E.2d 871,261 Ga. 820 |
Parties | PHILLIPS v. TITTLE. |
Court | Georgia Supreme Court |
Thomas M. Strickland, Athens, for Sheila Diane Phillips.
James Wilson Smith, Athens, for Bobby Lee Tittle.
We granted this discretionary application to consider whether the trial court should have issued an unconditional order providing for the arrest and ten-day incarceration of Sheila Diane Phillips. The trial court found Phillips in contempt of court for failing to comply with the parties' 1991 divorce decree. We find the order held Phillips in civil contempt without condition and remand for the trial court to enter a conditional order.
Since the trial court does not specify whether it found Phillips in civil or criminal contempt, we must examine the purpose of the contempt order. See Ensley v. Ensley, 239 Ga. 860, 238 S.E.2d 920 (1977). " " Id. at 861, 238 S.E.2d 920, citing 17 AmJur2d 7, Contempt, § 4. Because the purpose of the contempt order in this case is to obtain the wife's compliance with the divorce decree, the contempt is civil.
"Civil contempt orders imposing a sentence to jail for violation of visitation rights should be conditioned upon compliance." Easley v. Easley, 238 Ga. 180, 181, 231 S.E.2d 763 (1977). The trial court, however, neglected to condition Phillips' ten-day sentence on her failure to purge herself of contempt. We remand for the trial court to modify its contempt order to make Phillips' sentence conditional on her failure to comply with the court's order.
Judgment remanded.
To continue reading
Request your trial-
In re J.D.
...criminal contempt, this Court must examine the purpose of the contempt order to make such determination. See, e.g., Phillips v. Tittle, 261 Ga. 820, 411 S.E.2d 871 (1992); Thedieck v. Thedieck, 220 Ga.App. 764, 765–766(1), 470 S.E.2d 265 (1996). [T]he conditional or unconditional imposition......
-
Thedieck v. Thedieck
...be conditioned upon compliance. Easley v. Easley, 238 Ga. 180, 181, 231 S.E.2d 763 (1977)." (Punctuation omitted.) Phillips v. Tittle, 261 Ga. 820, 821, 411 S.E.2d 871 (1992). In Ensley v. Ensley, supra, 239 Ga. 860, 238 S.E.2d 920, our Supreme Court explained: "[t]he conditional or uncondi......
-
Stanford v. Pogue
...(i) ) (citation omitted).6 Bonds v. Bonds, 241 Ga.App. 378, 378 (2), 527 S.E.2d 215 (1999) (citations omitted).7 See Phillips v. Tittle, 261 Ga. 820, 411 S.E.2d 871 (1992).8 Thedieck v. Thedieck, 220 Ga.App. 764, 766 (1), 470 S.E.2d 265 (1996) (citation and punctuation omitted).9 Cf. Kaufma......
-
Edwards v. Edwards
...order that imposes a jail sentence for violation of visitation rights should be conditioned upon compliance with the court's order. Phillips v. Tittle.9 Here, the order at issue properly affords Maxwell a choice to comply or, alternatively, to face incarceration. See Turman v. Boleman.10 Ma......