Monday, May 11, 2015
Contempt While on Appeal
I have had a few articles lately on the affect of an appeal. The issue is what the trial court can do while the case is up on appeal. Generally, without filing a supersedeas bond, either party may enforce the judgment for contempt purposes. See Ladner v. Lander, 843 So.2d 81 (Miss. Ct. App. 2003) located here. The language in Ladner even states that contempt would have been the better course where a party refuses to comply while the appeal is pending. Now, a possible counter to this is that a party cannot be held in contempt of a void order. What happens if the opinion is reversed? To me, the contempt could potentially be set aside although out of the abundance of caution, I think appealing it and moving to consolidate the issues would be a better course.