SEARCH

Roy Hall d/b/a Hall's Tree Serv. v. Monroe County, Ga.

The trial court's award of attorneys' fees to the county in a contempt action against the defendant could not stand in the absence of express findings of fact and conclusions of law regarding the statutory basis for such an award and the conduct, which would authorize it.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Roy Hall, d/b/a Hall’s Tree Service, appeals the trial court’s order finding him in willful contempt of the court’s prior consent order prohibiting him from operating a commercial enterprise at his residence. We affirm the trial court’s finding of contempt, but vacate the court’s award of attorney’s fees and remand for further proceedings on that issue. “In civil contempt appeals, if there is any evidence from which the trial court could have concluded that its order had been violated, we are without power to disturb the judgment absent an abuse of discretion.” Citation omitted. Norred v. Moore , 263 Ga. App. 516, 517 588 SE2d 301 2003. See also Simpkins v. Simpkins , 278 Ga. 523, 524 1 603 SE2d 275 2004.

On January 13, 2003, the superior court entered a consent order which temporarily and permanently restrained and enjoined Hall from 1 operating a commercial business at his residence in Monroe County and 2 routinely hauling logs and debris commercially to and from his residence. The order, however, did not preclude Hall from removing trees, brush and associated debris from his own property. Monroe County subsequently filed a motion for contempt alleging that Hall had acted in willful contempt of this order.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

The National Law Journal Legal Awards 2024

October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.

Learn More

New Jersey Legal Awards 2024

October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.

Learn More

Credit Union Times Luminaries Awards 2024

November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.

Learn More

Seattle, WA- Corporate Associate

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...

Apply Now ›

Technology Attorney (Remote)

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...

Apply Now ›

Litigation Associate

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...

Apply Now ›