Beringer v. Emory

The trial court improperly denied the appellant a copy of a contempt-hearing transcript, since the order confirmed that the appellant refused to participate in takedown costs for preparing the transcript but did not include a ruling on the issue.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Marybeth S. Beringer appeals the trial court’s order holding her in contempt of a child-custody and visitation agreement with Jimmy R. Emory, a separate but related order to pay Emory’s attorneys fees, and a later order denying her motion for a copy of the contempt-hearing transcript. We agree with Beringer that the trial court erred in denying her a copy of the contempt-hearing transcript. And because we should not resolve challenges to the other orders without the transcript, we reverse the transcript order and remand the case to the trial court.

The record reflects that this is the second appearance of this case before this Court. In September 2012, Emory filed a motion for contempt against Beringer, contending that she was in violation of a provision in the parties’ child-custody and visitation agreement that prohibited the presence of unrelated, adult overnight guests of the opposite sex while the child was also present. Emory later amended the motion for contempt to further allege that Beringer was sending inappropriate text messages to the child. And on October 10, 2012, the trial court held an evidentiary hearing on Emory’s motion and request for attorneys fees and, that same day, issued a final order holding Beringer in contempt, and also issued a separate “Floyd order”1 on attorneys fees. Specifically, the trial court found that Beringer violated the clause prohibiting overnight guests of the opposite sex and sent inappropriate text messages to the child, and, pursuant to OCGA § 19-6-2, ordered Beringer to pay Emory’s attorneys fees and other expenses of litigation. Additionally, the trial court modified the parties’ visitation provisions.

Beringer v. Emory

The trial court improperly denied the appellant a copy of a contempt-hearing transcript, since the order confirmed that the appellant refused to participate in takedown costs for preparing the transcript but did not include a ruling on the issue.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report