Moore v. Moore

WEBB, Judge.

Defendant first contends that it was error for Judge Alexander to hold him in contempt of court without specifically finding as a fact that defendant had the present ability to comply with the 15 December 1975 order. In support of his contention, defendant relies on Cox v. Cox, 10 N.C. App. 476, 179 S.E. 2d 194 (1971) and Bennett v. Bennett, 21 N.C. App. 390, 204 S.E. 2d 554 (1974) which state the general rule that before the court can punish a defendant as for contempt it must find that the defendant presently possesses the means to comply and willfully refuses to comply with the…