Ingle v. Ingle

BRITT, Judge.

The first question for our consideration is whether respondent was given sufficient notice of the purpose of the 28 September 1972 hearing. We hold that he was not. Prior to the hearing, respondent was served only with a subpoena which ordered him to appear “to testify in the above entitled action.” At the hearing, the court made an informal inquiry as to why respondent had failed to make support payments in compliance with a prior court order and then, in effect, adjudged him in contempt.

Failure to comply with a prior court order would amount to an act committed outside the…