Vaughn v. Roberts

The defendant's failure to file an adequate brief, her failure to support her argument and her failure to include a transcript in the record doomed her appeal of the trial court's finding of contempt.

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Lynda Vaughn is the daughter of Annie Bell Roberts. Roberts sued her daughter, alleging that Vaughn wrongfully obtained from Roberts a quitclaim deed granting her a half interest in the house where Roberts lived. When Vaughn did not appear for trial, the trial court struck Vaughn’s answer, granted a default judgment to Roberts, and set aside the quitclaim deed. Vaughn appealed, and we dismissed her appeal by order.1 Roberts subsequently filed a motion for contempt in the trial court, alleging that Vaughn was “willfully disobeying” the trial court’s order and “engaging in contumacious conduct.” After a hearing, the trial court found Vaughn in contempt and ordered her to comply with the earlier judgment and to pay Roberts’ attorney fees associated with bringing the motion. Vaughn appeals the finding of contempt and, for reasons that follow, we affirm. Initially, we note that Vaughn has filed a woefully inadequate brief, less than two pages in length. Our rules require that an appellant’s brief contain three parts: a statement of the proceedings below and relevant material facts, with citation to the record; an enumeration of errors; and argument and citation of authorities.2 Vaughn’s brief has a section labeled “Part I,” which is blank. This is followed by a one-sentence enumeration of error and a two-paragraph “Citation of Authority.” The brief cites an inapplicable code section and contains no citation to the record.3

The inadequacy of Vaughn’s brief, inter alia , dooms her appeal. Vaughn apparently argues that the trial judge was biased and should have recused herself rather than rule on the contempt motion.4 But Vaughn points to no evidence of this bias, and the record contains no transcripts for us to review.5 The trial court’s order found that Vaughn had willfully failed to comply with its previous order, which is a sufficient basis for a finding of contempt.6 Because Vaughn has not complied with the rules of this Court and has failed to carry her burden of showing error, we affirm the trial court’s finding of contempt.7

Vaughn v. Roberts

The defendant's failure to file an adequate brief, her failure to support her argument and her failure to include a transcript in the record doomed her appeal of the trial court's finding of contempt.

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