Palazzola v. Angel

I respectfully dissent. A formidable problem in this case is that there is no record of the contempt hearing. However, the trial judge recites facts and findings which, taken in the strongest light favoring an affirmance, do not support the trial judge’s legal conclusion that service of the subpoena was properly effected on Palaz-zola.1

Palazzola appeals from a judgment finding her in contempt for failure to attend a deposition for which a subpoena duces te-cum had been issued. The return of service shows it was served by the process server on Palazzola’s scheduling secretary, D. Mahr. The…