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Morris v. Morris n/k/a Surges

Absent a transcript, the trial court was presumably correct in finding the husband in contempt for failing to comply with the provisions of his divorce decree as it related to property division.

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We granted the application for discretionary appeal to decide whether this Court or the Court of Appeals has appellate jurisdiction over an order finding a former spouse in contempt of a provision of the divorce decree regarding property division and, if jurisdiction lies in this Court, whether the trial court erred in finding the applicant in contempt of court. We hold that appellate jurisdiction lies in this Court, not the Court of Appeals, and that the trial court did not err in holding the applicant in contempt. 1. On June 12, 2006, Carol Lynn Surges filed a complaint for divorce from attorney Clyde Y. Morris. The parties entered into a marital dissolution agreement MDA, which the trial court incorporated the following day into the November 16, 2007 divorce decree. The MDA, and hence the divorce decree, contained five provisions arguably relevant to this appeal.

First, the decree ordered Morris to transfer all or part of six funds to Surges as part of the division of the marital property, including Morris’s Vanguard Capital Opportunity Fund Vanguard Fund, which was valued at $15,601.1 Second, the decree expressly required Morris to use his “best efforts to accomplish said transfer no later than December 15, 2007.”

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