Adams Creek Assocs. v. Davis

810 S.E.2d 6, 257 N.C. App. 391
CourtCourt of Appeals of North Carolina
DecidedJanuary 16, 2018
DocketCOA16-1080
StatusPublished
Cited by1 cases

This text of 810 S.E.2d 6 (Adams Creek Assocs. v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams Creek Assocs. v. Davis, 810 S.E.2d 6, 257 N.C. App. 391 (N.C. Ct. App. 2018).

Opinions

ELMORE, Judge.

*392Brothers, Melvis Davis and Licurtis Reels (defendants), appeal from an order denying their motions for release from conditional incarceration for civil contempt. Defendants have been previously before this Court twice, unsuccessfully disputing an adjudication that Adams Creek Associates (plaintiff), not defendants, are the rightful owners of 13.25 acres of property along Adams Creek in Carteret County, and have unsuccessfully challenged two orders entered in 2006 and 2011 finding them in contempt of court. See Adams Creek Assocs. v. Davis , 186 N.C. App. 512, 652 S.E.2d 677 (2007), writ denied, disc. rev. denied, temp. stay dissolved, appeal dismissed , 362 N.C. 354, 662 S.E.2d 900 (2008) (" Adams Creek I "); Adams Creek Assocs. v. Davis , 227 N.C. App. 457, 459, 746 S.E.2d 1, 3, disc. rev. denied , 367 N.C. 234, 748 S.E.2d 322 (2013) (" Adams Creek II "). Defendants have been imprisoned for civil contempt since March 2011, after entry of the second contempt order, for failing to comply with court orders requiring them to remove their structures and equipment from Adams Creek Associates' property, and to cease trespassing upon it. In its 2011 contempt order, the superior court afforded defendants the opportunity to purge their contempt by (1) removing their structures and equipment from the property, and (2) attesting in writing to never again trespass. In this appeal, defendants challenge a 2016 order denying their motions for custodial release.

In 2016, defendants moved for custodial release on the grounds that they were financially unable to comply with the contempt order and that their continued incarceration has become punitive and violates due process. But at the hearing on their motions, defendants testified that even if they were financially able to comply with the property-removal purge condition, they would not do so, and defendants again refused to comply with the attestation purge condition. Defendants' counsel also argued that because defendants were unable to comply with the order, their continued imprisonment has become a punitive contempt sanction. The trial court denied the motions. In its order, the trial court acknowledged that defendants presented evidence regarding their financial situation and the costs associated with removing the structures and equipment from the property, but refused to make findings on the matter in light of defendants' refusals to comply with either purge condition. The trial court also concluded that continued incarceration has not become punitive because *9defendants wield the power to purge their contempt but have recalcitrantly refused. *393On appeal, defendants contend the trial court erred by (1) failing to consider their alleged inability to comply with the contempt order, (2) failing to consider whether the purpose of the underlying order could still be served by defendants' continued incarceration, and (3) improperly concluding that their continued incarceration has not become a punitive criminal contempt. Because defendants were already ordered to be indefinitely committed until they purged their civil contempt when they filed their motions for release, the only issue properly before the trial court was whether defendants were subject to custodial release. Because defendants willfully refused to perform the attestation and admitted they would not perform the property-removal purge condition, even if they could, defendants failed to prove they purged their contempt or satisfy their burden of producing evidence to support their alleged inability-to-comply defense. We hold the trial court did not err in refusing to make futile findings on their alleged inability to comply with the prior order due to defendants' outright refusals to purge their contempt. Additionally, because the character of relief ordered by the contempt order was incarceration until compliance, and defendants were afforded the opportunity to avoid imprisonment by performing affirmative acts, we hold that the trial court properly concluded their continued incarceration has not become punitive. Accordingly, we affirm.

I. Background

The litigation relevant to this appeal started in 1982, when Shedrick Reels filed a trespass action against defendant Melvin Davis and Gertrude Reels, the mother of defendant Licurtis Reels. See Adams Creek I , 186 N.C. App. at 516, 652 S.E.2d at 680. In 1984, the trial court entered a summary judgment order adjudicating Shedrick to be the owner of the property and ordering Davis and Reels' mother not to trespass. See Adams Creek II , 227 N.C. App. at 459, 746 S.E.2d at 3. In 1985, Davis was held in contempt and incarcerated for his refusal to comply with that order, but he was released upon satisfying the purge condition of executing a document acknowledging the property belonged to Shedrick and agreeing not to trespass. Id. In 1985, Shedrick sold the property to Adams Creek Development, which then conveyed the property to plaintiff, Adams Creek Associates, in 1986. Id. at 459-60, 746 S.E.2d at 3.

In 2002, plaintiff filed an action against defendants Davis and Reels, alleging they continued to claim an interest in the property and to trespass upon it. Id. at 460, 746 S.E.2d at 3-4. In 2004, the trial court entered a partial summary judgment order in plaintiff's favor, enjoining defendants from further trespassing and ordering them to remove their

Related

First Acceptance Insurance Company of Georgia, Inc. v. Hughes
305 Ga. 489 (Supreme Court of Georgia, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
810 S.E.2d 6, 257 N.C. App. 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-creek-assocs-v-davis-ncctapp-2018.