Lee v. Environmental Pest & Termite Control Inc.

Since findings of criminal contempt did not show more than one violation by defendants, trial court's imposition of a $5,000 fine, instead of the maximum statutory fine of $500, was excessive.

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Environmental Pest & Termite Control, Inc. filed a motion for contempt against Darrell W. Lee, Dell Walker and Future Pest Control, Inc. d/b/a Future Termite & Pest Control. Environmental claimed that Lee, Walker and Future Pest Control had violated an interlocutory injunction, issued on July 22, 1998, which prohibited Lee and Future Pest Control from doing business with certain present and past customers of Environmental. The court found Lee and Future Pest Control in violation of the interlocutory injunction, and fined them $5,000. Lee and Future Pest Control appeal, claiming that the evidence was insufficient to find Lee and Future Pest Control in either civil or criminal contempt and that the trial court imposed a sanction for criminal contempt greater than that allowed by law. We agree that the fine imposed on Lee and Future Pest Control is not authorized by law, reverse the judgment as to the fine only and remand the case with direction.

1. The threshold question is whether the trial court’s contempt order found Lee and Future Pest Control to be in either criminal or civil contempt. “The distinction between the two is that criminal contempt imposes unconditional punishment for prior acts of contumacy, whereas civil contempt imposes conditional punishment as a means of coercing future compliance with a prior court order.” Citation and punctuation omitted. Grantham v. Universal Tax Systems, 217 Ga. App. 676, 677-78 2 458 SE2d 870 1995. The trial court ordered that Lee and Future Pest Control pay $5,000 to Environmental as damages for their violation of the court’s previous order. The fine is not conditional upon future compliance and is imposed for prior acts. Therefore, the trial court found Lee and Future Pest Control guilty of criminal contempt.

Lee v. Environmental Pest & Termite Control Inc.

Since findings of criminal contempt did not show more than one violation by defendants, trial court's imposition of a $5,000 fine, instead of the maximum statutory fine of $500, was excessive.

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