Short v. Short

105 So. 3d 892, 12 La.App. 5 Cir. 312, 2012 WL 5500562, 2012 La. App. LEXIS 1478
Louisiana Court of Appeal·Decided November 13, 2012·No. No. 12-CA-312·Published·Cited by 11 cases

Opinion

SUSAN M. CHEHARDY, Judge.

|2This appeal follows a finding of contempt and imposition of a jail sentence against the appellant for a failure to respond to discovery. We affirm, for the reasons that follow.

PROCEEDINGS BELOW

This ongoing domestic dispute has come before this Court on three prior appeals, as well as several previous writ applications.1 The matter now before us for review concerns a ruling that held Pamela Marinovich Short in contempt of court for what the trial court found to be a “deliberate failure and refusal to abide by the [894] orders of the court” with respect to a motion to determine interim spousal support.

The designated record before us indicates that on January 18, 2011, the domestic commissioner granted a motion to compel discovery, filed by David Short, regarding his interrogatories propounded to Ms. Short on August 19, 2009 and July 29, 2010.

|aOn March 2, 2011, Mr. Short filed an emergency rule for contempt, attorney’s fees and costs, in which he alleged that appellant had “failed to answer certain Interrogatories and failed to produce certain documentation in response to the Request For Production of Documents.” Mr. Short also requested sanctions because of Ms. Short’s “total disrespect, abusive, insulting, and discourteous language in her discovery responses.”

Specifically, Mr. Short referenced Ms. Short’s responses to Interrogatory Number Nine,2 where she answered “FU”, and Interrogatory Number Eleven, where her response was “NOYFB”.3 Mr. Short concluded, and the commissioner ultimately agreed, that the abbreviations in the first response stood for the expletive “F — k You”, while the second response was intended to be read as “None of Your F— king Business”.

The domestic commissioner ordered Ms. Short to show cause on March 21, 2011, why “she should not be held in contempt of Court for her willful and deliberate failure to abide by the orders of the Court,” and why the provisions of La. C.C.P. art. 1471 should not be invoked because of Ms. Short’s “total disrespect, abusive, insulting, and discourteous language contained in her discovery responses.”

Following the March 2, 2011 hearing, Mr. Short filed a second rule for contempt, attorney’s fees and costs, alleging that Ms. Short failed to fully respond to his interrogatories and request for production of documents. In response, the domestic commissioner ordered Ms. Short to show cause on April 26, 2011, why | /‘she should not be held in contempt of Court for her willful and deliberate failure and refusal to abide by the orders of the Court.”

On April 11, 2011, the commissioner issued a judgment on the March 21, 2011 rule for contempt. He found Ms. Short “in contempt for her intentional and willful refusal to abide by the order of this court dated January 13, 2011, compelling her to answer the discovery propounded by David Short.” The court further found that “[w]hile the responses was [sic] not signed by the respondent, but by her attorney instead, she is nonetheless responsible for the answers she provided or failed to provide.” The judgment held open the hearing and set May 6, 2011 as the date for imposition of sentence for Ms. Short’s contempt of court.

On May 6, 2011, the hearing on Ms. Short’s sentencing for contempt of court was held. The Commissioner explained that Ms. Short was found in contempt for the previous answers that she had provided in the interrogatories, “FU” and “NYOFB”. The commissioner then sentenced Ms. Short to 48 hours in Jefferson Parish prison. On that same date, Ms. Short filed a notice of intent to apply for writs to this Court on her sentencing and [895] requested a stay from the commissioner, which was denied.

Ms. Short filed an emergency writ application to this Court, seeking a stay of the execution her sentence. This Court granted the stay, ordered Ms. Short’s immediate release from jail, and also ordered her “to file the appropriate proceeding for a review of the contempt adjudication and sentence and to provide all the necessary documentation for a determination on the merits within thirty days” of the date of the disposition.

On August 17, 2011, Ms. Short filed a petition in the district court for a writ of mandamus, with a request for a stay of enforcement. The district court denied the writ application on that same date. On August 19, 2011, Ms. Short filed a | amotion to recuse the domestic commissioner, which was denied on August 22, 2011.

On August 24, 2011, the domestic commissioner issued a judgment imposing sentence, and issued written reasons for judgment two days later. Ms. Short was ordered to appear before the domestic commissioner on September 12, 2011 to resume serving her sentence issued on May 6, 2011. On September 26, 2011, Ms. Short filed a motion for appeal.

ASSIGNMENTS OF ERROR

Ms. Short contends, first, that the domestic commissioner committed manifest error in finding appellant in contempt of court without a pre-existing judgment or court order. Second, she argues that the domestic commissioner committed manifest error in imposing jail time in response to a discovery ruling without a pre-existing judgment or court order, and without a due process hearing.

LAW AND ANALYSIS

A contempt of court is any act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority. La. C.C.P. art. 221. Contempts of court are of two kinds, direct and constructive. Id.

Contempt proceedings are designed for the vindication of the dignity of the court rather than for the benefit of a litigant. Brunet v. Magnolia Quarterboats, Inc., 97-187 (La.App. 5 Cir. 3/11/98), 711 So.2d 308, writ denied, 98-0990 (La.5/29/98), 720 So.2d 343, cert. denied, Polaris Ins. Co., Ltd. v. Brunet, 525 U.S. 1104, 119 S.Ct. 869, 142 L.Ed.2d 771 (U.S.1999); Parish of Jefferson v. Lafreniere Park Foundation, 98-345 (La.App. 5 Cir. 9/15/98), 720 So.2d 359, writ denied, 98-2598 (La.10/28/98), 723 So.2d 965.

IfiLa. C.C.P. art. 222 defines direct contempt of court as follows, in pertinent part:

A direct contempt of court is one committed in the immediate view and presence of the court and of which it has personal knowledge....
Any of the following acts constitutes a direct contempt of court:
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(3) Use of insulting, abusive, or discourteous language by an attorney or other person in open court, or in a pleading, brief, or other document filed with the court in irrelevant criticism of another attorney or of a judge or officer of the court.... [Emphasis added.]

La. C.C.P. art. 223 provides:

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Short v. Short, 105 So. 3d 892, 12 La.App. 5 Cir. 312, 2012 WL 5500562, 2012 La. App. LEXIS 1478 (La. Ct. App. 2012).

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