Pulley v. Pulley

587 So. 2d 116, 1991 WL 190744
CourtLouisiana Court of Appeal
DecidedSeptember 25, 1991
Docket22722-CA
StatusPublished
Cited by14 cases

This text of 587 So. 2d 116 (Pulley v. Pulley) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pulley v. Pulley, 587 So. 2d 116, 1991 WL 190744 (La. Ct. App. 1991).

Opinion

587 So.2d 116 (1991)

Jeanne Hurtle PULLEY, Defendant-In-Rule/Appellee,
v.
Thomas Lamar PULLEY, Sr., Plaintiff-In-Rule/Appellant.

No. 22722-CA.

Court of Appeal of Louisiana, Second Circuit.

September 25, 1991.

*117 Sutton & Sutton by Bobby D. Sutton, Jr., Shreveport, for plaintiff-in-rule, appellant.

Sockrider, Bolin & Anglin by H.F. Sockrider, Jr., Shreveport, for defendant-in-rule, appellee.

Before SEXTON, BROWN and STEWART, JJ.

SEXTON, Judge.

Appellant Thomas Pulley, Sr. appeals the judgment of the district court holding him in contempt of court, as well as its denial of his petition to modify the joint custody of his minor son from his former marriage to name him as the new domiciliary parent. We reverse and remand.

The parties were married on June 11, 1981. The child, Thomas Pulley, Jr., was born on January 30, 1983. The parties were judicially separated on November 13, 1986, on the grounds of mutual fault. Mr. Pulley was granted a final divorce by default on September 10, 1987.

Prior to the final divorce, Mr. Pulley filed a petition on February 9, 1987, seeking to have his former wife (now Mrs. Brewster) held in contempt of court, and also seeking court costs and attorney fees. (The allegations of this and two subsequent petitions for contempt by Mr. Pulley against Mrs. Brewster are summarized in an appendix hereto.)

On September 8, 1988, Mr. Pulley filed another petition to have his ex-wife held in contempt, alleging that she had removed the child from Bossier Parish without court authorization, in violation of the joint custody plan.

Mr. Pulley filed another petition to have his ex-wife held in contempt on May 2, 1989, this time asking also that the domiciliary custody of the child be transferred to him. (See appendix). Although a hearing on this rule was originally scheduled for May 11, Mr. Pulley's ex-wife sought and was granted continuances until July 27, 1989.

At the July 27 hearing, the district court ordered that the child be transferred to Mr. Pulley immediately after the hearing to offset his having been denied visitation since April of that year. Mr. Pulley was to *118 have the child until two days before school was to start in August, with his ex-wife given one specified weekend of visitation for the purpose of procuring school supplies. Thereafter, Mr. Pulley was to be permitted specific, scheduled visitation to remedy the visitation problems which had plagued the joint custody plan. The district court finally ordered the parties to resolve their differences with the assistance of a court-appointed mediator.

On December 4, 1989, Mr. Pulley filed another petition to have his ex-wife held in contempt of court. (See appendix).

Finally, on January 11, 1990, Mr. Pulley filed the last in this series of petitions to have his ex-wife held in contempt of court, alleging that she had failed to show up for the transfer of the child to him for his visitation weekend of Friday, January 5, 1990, through Sunday, January 7, 1990. He further alleged that she refused, through the child, to speak to him when he called to inquire into her failure to appear for the transfer.

On February 8, 1990, a hearing was held in the district court regarding all of these petitions. At the conclusion of the hearing, the district court entered an interim order regarding visitation and noted that a decision on the merits of the contempt and domiciliary custody matters would be rendered in August of that year.

However, at that time the court made several observations regarding the case and the parties, including that this was one of the most bizarre cases the court had ever seen, that Mrs. Brewster's credibility was "zero" due to the changes in her stories when confronted with the existence of a potential witness or item of evidence which would contradict her testimony, and that the focal point of all of the problems regarding custody and visitation centered on Mrs. Brewster's "get[ting] [her] way." The court further noted its disgust over Mrs. Brewster's administration of a "mohawk" haircut to her son out of spite for Mr. Pulley.

The court lamented that the written record could not record Mrs. Brewster's "facial expression, the cold stare in [her] eyes and the coldness in [her] heart when [she] testified. And that's a shame because somebody ought to see how bitter [she is]."

The court further decried her inability to explain why she unilaterally terminated Mr. Pulley's visitation starting in April 1989 or why she was too "busy" to speak with Mr. Pulley regarding her failure to appear for the transfer of the child for Mr. Pulley's weekend of visitation in January 1990.

The district court left the child in Mrs. Brewster's custody, but granted Mr. Pulley visitation every weekend until the conclusion of the school year. At the beginning of the summer vacation, Mr. Pulley was to have full custody of the child until final determination of the issues later in the year.

On September 7, 1990, the matter was called for a final ruling on the merits. The court found both Mrs. Brewster and Mr. Pulley to be in contempt of court and ordered that they each serve 60 days in jail. However, the jail sentences were suspended on the condition that the parties each comply fully with all orders of the court and conduct themselves in the manner that was in the best interest of the child.

The court further warned the parents that recurrences of the egregious behavior on their part could result in custody of the child being transferred to a third party or agency. The court opined that the actions of Mrs. Brewster were more contemptuous than those of Mr. Pulley and, further, that, in its opinion, Mrs. Brewster's administration of a "mohawk" haircut to the child "borders on child abuse." That one incident, the court noted, could have caused it to consider granting custody to Mr. Pulley, but for the fact that the child had been otherwise cared for in her custody. In addition, the district court opined that a child of this age is in need of care which can most effectively be provided by his mother.

Finally, the court concluded that the mediation agreement previously agreed to *119 by the parties was in the best interest of the child and ordered it implemented.

Mr. Pulley appeals both the district court's holding him in contempt and its refusal to modify the joint custody arrangement to name him as the domiciliary parent.

In his first assignment of error, Mr. Pulley complains that the district court held him in contempt of court, despite that no rule to show cause was ever issued by Mrs. Brewster or by the district court. Mrs. Brewster neither argued against this issue, nor did she brief it.

Except as otherwise provided by law, a person charged with committing a constructive contempt of court may be found guilty thereof and punished therefor only after the trial by the judge of a rule against him to show cause why he should not be adjudged guilty of contempt and punished accordingly. LSA-C.C.P. Art. 225 A. A hearing to impose sanctions necessarily requires proper notice. Billiot v. Sea Life, Inc., 384 So.2d 1023 (La.App. 4th Cir.1980).

Because the instant record fails to contain any evidence that Mr. Pulley was put on notice that he had to show cause why he should not be held in contempt of court, this aspect of the district court judgment must be reversed.

In his second assignment of error, Mr. Pulley argues that the district court abused its discretion in not modifying the joint custody plan to name him as the domiciliary parent. Mrs.

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Cite This Page — Counsel Stack

Bluebook (online)
587 So. 2d 116, 1991 WL 190744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pulley-v-pulley-lactapp-1991.