In Re Rosender

On December 14, 1970, as part of a broader order involving litigation in which he was the attorney for one of the parties, Thomas Rosender was held in contempt of court for his failure to appear at a hearing noticed for June 17,1970. On appeal Rosender asserts that the contempt order was improperly entered against him, inasmuch as no affidavit was presented to the court as a foundation for the proceedings.

The alleged contempt, if committed, was committed outside the immediate view and presence of the court. In re Henry, 25 Mich App 45, 53 (1970). Since no affidavit of facts setting forth the…