Kent v. Herchenhan

I dissent to that portion of the main opinion finding probable merit to the contention that Jerry W. Kent (“the father”) raised in his motion to alter, amend, or vacate the judgment that the trial court *1086erred in awarding an attorney fee to Heather Herchenhan (“the mother”). Whether there is probable merit to that issue first turns on a determination of whether the trial court found the father to be in civil contempt or in criminal contempt.

The main opinion concludes that, because the trial court sentenced the father to a jail term “in accordance with the limits of the criminal-contempt…