Cagle v. PMC Development Co.

212 S.E.2d 765, 233 Ga. 583, 1975 Ga. LEXIS 1379

• Court: Supreme Court of Georgia
• Decided: January 22, 1975
• Docket: 29207
• Status: Published

Opinions

Gunter, Justice.

This is an appeal from a judgment holding appellant in contempt of court for trespassing upon the lands of the appellee. The present contempt action grew out of a long history of litigation. See Cagle v. Bell, 202 Ga. 623 (44 SE2d 119) (1947); Cagle v. PMC Development Co., 224 Ga. 515 (162 SE2d 723) (1968); and Cagle v. PMC Development Co., 227 Ga. 309 (180 SE2d 545) (1971).

Let it be sufficient here to say that the appellant and Jack Cagle were held in contempt for trespass in violation of a previous judgment of the court. The contempt judgment provided that they could purge themselves of contempt by filing with the court a written acknowledgment that they would adhere to the terms of the earlier judgment. Jack Cagle and the appellant were confined in the county jail. Jack Cagle filed the necessary written compliance with the court purging himself, and he was released. Appellant declined to file such written compliance and while still incarcerated he filed a notice of appeal. The notice of appeal was filed on July 10, 1974. On July 25, 1974, the trial judge entered an order containing the following: "Calvin Cagle was taken into custody on June 17,1974, and placed in the common jail of Hall County where he has remained continuously since. The obstructions complained of by the plaintiff have then been removed from their premises. Calvin Cagle has been confined in jail for a length of time that the cotut considers a proper punishment for the contempt. He has failed to file a petition tendering a purge of the contempt. It is now considered, ordered, and adjudged that Calvin Cagle having been punished for the contempt, it is ordered that he be released from the common jail of Hall County, Georgia.” The record also contains the return made by the deputy sheriff which shows that the appellant was released from jail on July 25, 1974.

Argued September 11, 1974 — Decided January 22, 1975 Rehearing denied February 4, 1975. Palmour, Palmour & Lawson, James E. Palmour, III, for appellant. Reed & Dunn, Robert J. Reed, R. Elliott Dunn, Jr., Smith, Smith & Frost, John H. Smith, for appellees.

It is therefore clear that the appellant was held in contempt of cotut, the contempt was punished by incarceration, and the appellant was then released.

The appellee has filed a motion in this court to dismiss the appeal as moot. We grant this motion.

There are legal ways to prevent a contempt judgment from becoming moot, and if the proper legal steps are taken as provided by law, an appellate court can and will determine the correctness or the incorrectness of the contempt judgment. However, those proper legal procedures must be followed, because once a contempt judgment has been complied with, or has been vacated, or has been rendered moot in any other manner, there is no remaining case or controversy for adjudication in the appellate court.

Under the facts of this case, when the appeal was filed in this court on July 30, 1974, appellant was no longer in contempt of court.

By virtue of the order that released the appellant, the judgment of contempt became moot.

Appeal dismissed.

All the Justices concur, except Jordan and Hall, JJ., who dissent.