Lutz v. Darbyshire

REYNOLDSON, Chief Justice.

We granted certiorari in this contempt of court proceeding to examine the power of defendant court, on the basis of mailed notice to plaintiff’s attorney only, to impose a ten-day jail term on plaintiff for failing to comply with the economic provisions of a dissolution decree. We now sustain the writ.

Plaintiff Bonnie L. Lutz was married to Oliver S. Lutz. This marriage was terminated in a Clinton County dissolution proceeding. The decree as enlarged placed title to the house in both parties as tenants in common. It provided for the property to be sold and the…