Following a November 10, 2004 order finding her in criminal and civil contempt of court for failure to abide by the terms of an agreement between Robert Carden Son and Lois E. Carden Mother, as provided in a 1998 consent order, Mother appeals. The trial court found that Mother was bound by the terms of the consent order, and that she was estopped from contesting the findings in that order in any other proceeding after the June 18, 1998 entry of that order, which has never been set aside. The court found beyond a reasonable doubt that Mother was in contempt of the 1998 consent order, both for the filing of two suits in Fulton County for the purpose of interfering with Son’s business and in her failure to execute a document subordinating all of her interest in property in South Fulton County on Gullatt Road, consisting of approximately 25 acres known as “The Farm.”1 The court awarded Son the sum of $1,650 in attorney fees for the defense of the two lawsuits in Fulton County, the sum of $1,050 in attorney fees for the filing of this contempt action, and the sum of $300 for filing fees and special agent for service fees. The court further assessed a $500 fine against Mother for her wilful contempt of the June 18, 1998 order, by the filing of the two lawsuits in Fulton County. The court further found Mother to be in civil contempt of the subject order and ordered that she be incarcerated until such time as all documents required by the subject order are signed by her. The court deferred the execution of Mother’s incarceration for a period of 60 days to allow her to purge herself of that portion of her contempt by completing the signing of all such documents.
When Mother’s counsel inquired as to the effect of the pending trespass case in Fulton County by asking, “are you saying the trespass or a portion of that is a violation of the June 18, 1998 order as it relates to the life estate,” the court responded, “I’m saying, sir, that the order that this Court entered in 1998 enjoins your client from even filing that lawsuit and if it continues on, this Court will sanction her again. Is that clear enough for you. If you continue over there, they can come back and ask again and we’ll hold her in contempt again.” Trial transcript, page 74.
