Legal Opinion

Harrell v. Federal National Payables, Inc.

Court of Appeals of Georgia

Decided March 21, 2007No. A06A2305PublishedCited by 7 opinions

1Opinion of the Court

Barnes, Chief Judge.

Deborah and Melton Harrell appeal the trial court’s orders finding them in contempt and ordering their incarceration for failing to comply with post-judgment discovery. They contend that the trial court erred by entering a “self-executing order of contempt” without allowing them basic due process of notice and a hearing, with terms that were too indefinite and uncertain to enforce. For the reasons that follow, we reverse the trial court’s orders of incarceration and remand for further proceedings.

The Harrells guaranteed the debts of a company which failed to pay the…

2Cases cited12 opinions

  1. Southeast Ceramics, Inc. v. KlemSupreme Court of Georgia · 1980
  2. Tenet Healthcare Corp. v. Louisiana Forum Corp.Supreme Court of Georgia · 2000
  3. Joel v. Duet Holdings, Inc.Court of Appeals of Georgia · 1987
  4. Floyd v. FloydSupreme Court of Georgia · 1981
  5. Roehl v. O'KEEFESupreme Court of Georgia · 1979

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3Cited by7 opinions

  1. Affatato v. ConsidineCourt of Appeals of Georgia · 2010
  2. Gallaher v. BreauxCourt of Appeals of Georgia · 2007
  3. Rocker v. First Bank of Dalton.Court of Appeals of Georgia · 2017
  4. Akash Dixit v. Tanya Singh DixitCourt of Appeals of Georgia · 2018
  5. Larry Scott Chatham v. Gardner Excavating, Inc.Court of Appeals of Georgia · 2019

2 more not listed; retrieve them via the Exa API.

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