Legal Opinion

Brower v. Brower

Court of Appeals of North Carolina

Decided August 21, 1984No. 8319DC696PublishedCited by 10 opinions

1Opinion of the Court

PHILLIPS, Judge.

Defendant’s appeal is from an order of civil contempt confining him to prison until past due child support payments amount ing to $10,590 are paid. The order is without legal sanction, in our opinion, and must be vacated.

The difference between civil contempt and criminal contempt has been noted in several decisions of our Supreme Court. In essence, criminal contempt is administered as punishment for acts already committed that have impeded the administration of justice in some way. Mauney v. Mauney, 268 N.C. 254, 150 S.E. 2d 391 (1966). And as is the case with all offenses of…

2Cases cited5 opinions

  1. Jolly v. WrightSupreme Court of North Carolina · 1980
  2. Mauney v. MauneySupreme Court of North Carolina · 1966
  3. Teachey v. TeacheyCourt of Appeals of North Carolina · 1980
  4. Green v. Green.Supreme Court of North Carolina · 1902
  5. Hodges v. HodgesCourt of Appeals of North Carolina · 1983

3Cited by10 opinions

  1. McBride v. McBrideSupreme Court of North Carolina · 1993
  2. McMiller v. McMillerCourt of Appeals of North Carolina · 1985
  3. State v. MillerCourt of Appeals of North Carolina · 1985
  4. Cerick v. Central Fidelity BankFairfax County Circuit Court · 1989
  5. Hodges v. HodgesCourt of Appeals of North Carolina · 2003

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