Carden v. Carden

A counterclaim is not permitted in response to a motion to contempt.

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This case is a continuation of a family dispute involving assets of Lois Carden. Lois Carden was previously held incompetent, with the result that various deeds she executed were set aside by the court in a separate suit between Robert Carden and Elvis Carden, Lois Carden’s sons. A consent order entered into in 1998 dissolved Robert Carden’s responsibility for the management of Lois Carden’s affairs and placed certain duties on each party, including a duty for Robert Carden to pay Lois Carden $250 per month for as long as she lives. The same order also involved the transfer of real properties between the parties. Lois Carden has apparently now regained her competence and is no longer under the court-ordered guardianship. Lois Carden filed this contempt action against Robert Carden, claiming he was past due on monthly payments due to her under the 1998 order. She also claimed Robert Carden had refused to deliver title to a specific piece of property, as required by the 1998 order. Robert Carden denied that he owed any money and counterclaimed, urging the court to find Lois Carden in contempt for refusing to subordinate her interest in a second piece of property, as required by the 1998 order.

Following a hearing, the trial court found that Lois Carden’s credibility was undermined and that she was guilty of “unclean hands” and could not invoke the equitable remedy of contempt with respect to Robert Carden’s failure to deliver title to a specific piece of property as required by the 1998 order. With respect to the monthly payments owed under the 1998 order, the trial court found that Robert Carden was not guilty of contempt. The court further found that Robert Carden was entitled to a set-off against the monthly amount he owed Lois Carden for payments he made for Lois Carden’s debts. The trial court then instructed the attorneys to report back to the court what documents were necessary to complete all transfers of real property as ordered in 1998.

Carden v. Carden

A counterclaim is not permitted in response to a motion to contempt.

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