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Baldwin v. Vineyard

A self-effectuating contempt provision in the parties' final divorce order was improper since it was predicated solely upon the submission of an affidavit by the wife and failed to provide the husband with notice or an opportunity to respond to the contempt charge.

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William Baldwin and Joan Vineyard were married in 1990 and divorced in May 2001 by a final order requiring Baldwin to pay Vineyard $87,500 as equitable division of property and $3,000 in attorney’s fees. Baldwin filed an application for discretionary appeal which we granted to determine whether the trial court erred by terminating the final hearing without allowing Baldwin to present evidence and by including in the final order a provision adjudicating Baldwin in automatic contempt for non-payment of a future amount upon the filing of an affidavit by Vineyard. For the reasons explained below, we vacate and remand to the trial court.

1. A review of the record shows that after Vineyard testified at the final hearing, both the trial court and counsel engaged in a discussion concerning whether Baldwin had fraudulently transferred a substantial portion of the parties’ marital property immediately prior to the filing of the divorce petition. As the trial court began to orally announce its judgment, Baldwin’s counsel objected, stating that Baldwin wished to put on a case. The trial court then continued to outline its judgment and terminated the hearing. Baldwin contends the trial court erred in refusing to allow him to present evidence at the final hearing.

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