South Carolina Court of Appeals · 2009 · Family Law
677 S.E.2d 616 (2009)
Updated
Family Lawpremarital agreementscontemptfugitive disentitlement doctrinecivil contemptfamily courtbench warrantfailure to appear
Facts
The parties divorced in 2001, and their divorce decree incorporated a marital settlement agreement requiring Husband to do several things, including maintain life insurance for the benefit of the children, restore certain UGMA accounts, reimburse Wife for certain child-related medical and insurance expenses, and provide information related to IBM stock. In 2004, the family court found Husband in contempt for failing to comply with those obligations and for failing to appear pursuant to a Rule to Show Cause; it issued a bench warrant and allowed him to purge contempt by compliance. At a 2007 hearing on Husband's motion concerning interpretation of the QDRO, Wife argued Husband still had not purged his contempt, and the family court agreed. Husband did not appear at that hearing, and the bench warrant remained outstanding.
Issue
Did the family court err in finding that Husband had not purged his contempt, and if not, could the Court of Appeals dismiss his appeal under the Fugitive Disentitlement Doctrine because of his continued contempt and failure to submit to the family court's authority?
Rule
A family court contempt ruling will be reversed only if it lacks evidentiary support or reflects an abuse of discretion. Under the Fugitive Disentitlement Doctrine, an appellate court has discretion to dismiss an appeal by a person who stands in contempt in the proceeding from which he appeals, but only if two requirements are met: the appellant is a fugitive, and there is a connection between that fugitive status and the appellate process the appellant seeks to use.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
A family court in Charleston held Owen Mercer in civil contempt for failing to fund his children's custodial accounts and ordered that he could purge contempt by filing written proof of specified deposits. Owen later appealed a separate ruling interpreting the same divorce settlement, relying on a spreadsheet he prepared himself and an unsigned note from a former bookkeeper; he still had not appeared after a bench warrant issued for his failure to attend the contempt hearing.
How should the appellate court most likely rule on Owen's appeal?
Explanation. A contempt ruling is reversed only if it lacks evidentiary support or reflects an abuse of discretion. Uncorroborated or conflicting documents may be insufficient to prove compliance with purge conditions. The appellate court also has discretion to dismiss an appeal when two requirements are met: the appellant is a fugitive and that status is connected to the appellate process being invoked. Owen's outstanding bench warrant, continued noncompliance, and attempt to seek appellate relief regarding the same settlement satisfy those requirements.