Austin v. Austin

Hill, Justice.

This is a contempt proceeding by the former wife filed in response to a modification proceeding by the former husband. The issue is whether the contempt proceeding may be served upon the former husband’s attorney in his modification proceeding. The trial court found that service could be had upon the attorney and, after a hearing at which the husband failed to appear, he was found to be in contempt.

The husband filed an application to appeal (35894), which this court granted, and, as a precautionary measure, he sought to appeal directly (35893). Because an application to appeal…