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Tag Archives: Contempt

Civil Practice – Contempt – Good Faith Attempt – Real Property – Siltation & Stormwater Runoff (access required)

Hollis v. Stonington Development, LLC (ex parte Lipscomb) Even though the appellant-developers have not been able to fully comply with the circuit court’s order to stop the discharge of sediment-laden storm water onto respondents’ residential properties, the evidence showed a good faith attempt to do so. Contempt is only proper when a party voluntarily and intentionally disobeys or disregards a court order.

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Criminal Practice – Forgery – Civil Practice – Evidence – Attorneys – Tort/Negligence – Legal Malpractice – Contempt – Constitutional – Double Jeopardy – Value — Sentencing  (access required)

State v. Brandt The offense of criminal contempt has an element that the offense of forgery does not have, and vice versa. Therefore, defendant’s prosecution for forgery - after his criminal contempt conviction — does not violate the constitutional prohibition against double jeopardy. We affirm defendant’s conviction of forgery but remand so that he may be sentenced for a misdemeanor rather than a felony.

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Domestic Relations – Divorce – Civil Practice – Contempt – Appeals – Fugitive Disentitlement Doctrine (access required)

Panas v. Panas. Where the defendant-husband is in contempt for failing to comply with a divorce decree and subsequent consent order, his appeal of the divorce decree is dismissed under the fugitive disentitlement doctrine. The fugitive disentitlement . . .

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Civil Practice – Contempt – Sanctions – Rule 34 – Preliminary Injunction – Trusts & Estates – Estate Property (access required)

Stern v. Shelley. (Lawyers Weekly No. 002-037-10, 9 pp.) (Michelle J. Childs, J.) D.S.C. Holding: Because defense counsel was undoubtedly aware that she had retained copies of photos and documents that may have been estate property, when she had previously ...

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