Thursday, February 16, 2012

Fourth District Upholds Contempt Ruling but Reverses Modification of Timesharing

The Fourth District Court of Appeal issued a ruling yesterday in Norberg v. Norberg, a case in which the Former Wife appealed a finding of contempt resulting from a hearing she did not attend on the basis that there was no finding of ability to pay the purge amount and for other reasons.  The Fourth District found no error in the lack of a finding that the Former Wife could pay the purge, in that incarceration was not ordered.  Likewise, the lower court was affirmed for finding that the amount of damages was that stated by the Former Husband, as this was a credibility determination.  However, the lower court’s decision to modify timesharing was reversed, as there was no pleading seeking that relief before the Court.

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