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Moore v. Cromwell-Moore

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Date: 
Thursday, January 24, 2013

A-12-0110, Keith James Moore (Cross-Appellant) v. Jane L. Cromwell-Moore (Appellant)

 

District Court for Colfax County, District Judge Mary Gilbride

 

Attorney for Appellant:  Richard B. Register (Register Law Firm)

 

Attorney for Appellee/Cross-Appellant:  Erik C. Klutman (Sipple Hansen Law Firm)

 

Civil Action:  Contempt

 

Action taken by the Trial Court:  The trial court found both parties to be in contempt of the parties’ divorce decree. The court entered purge orders. The court determined that Keith owes Jane $1,551 but offset this amount because Jane owes Keith in excess of that amount, and so the contempt of Keith was purged. The court found that Jane owes $27,257 to be paid no later than June 30, 2012.

 

Assignments of Error on Appeal:  Did the trial court err in finding Jane in contempt for her actions taken prior to the “offended” order? Did the trial court err in finding that Jane’s actions were willful and knowingly contemptuous of the decree? Did the trial court err in finding actions that did not harm Keith were contemptuous? Did the trial court err in sua sponte reopening the evidence and opposing full retrial? Did the trial court improperly use the contempt proceeding to resolve an ambiguity in the Decree? Were the trial court’s findings on Keith’s damages supported by the evidence in the purge plan where they were based on gross sales not net? Did the trial court improperly place the burden on the responding party to disprove the compensatory damages?

 

Assignment of Error on Cross-Appeal:  Did the trial court err in assigning sale price values to personal and real property to compute restitution or damages when the amounts as stated in the decree must be used?

This page was last modified on Friday, March 22, 2013