Cunningham, B. v. Cunningham, A.’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Discussion To find one in civil contempt, a complainant must prove by a preponderance of the evidence that the respondent is in noncompliance with a court order. The order must be clear, definite, and specific. To sustain a finding of civil contempt, the complainant must prove that: (1) the contemnor had notice of the specific order or decree which he is alleged to have violated, (2) the act constituting the contemnor's violation was volitional, and (3) the contemnor acted with wrongful intent. In the case before the [court], all three (3) elements set forth in the preceding paragraphs have been satisfied. The Order dated September 16, 2016, which, inter alia , directed [Husband] to pay to [Wife] $62,000 cash within 30 days of the date of the Order was clear, definite, and specific. [Husband] had notice of the Order dated September 16, 2016. We provided a copy of the Order to [Husband] as well as his former counsel. [Wife] demonstrated that [Husband's] failure to pay her the $62,000 in cash was volitional, and [Husband] had acted with wrongful intent. It is clear that [Husband] had the means to pay the $62,000 in cash to [Wife]. He testified [at the February 2017 hearing] that he could sell stock or borrow money. In fact, when [Husband] learned that he may be imprisoned due to his contempt of the Court Order, he paid the $62,000 on March 2, 2017. [Husband's] contempt of the Order dated September 16, 2016 is particularly egregious because he did not make a good-faith effort to”

   2 later decisions quote this exact passage
   e.g. Thomas v. v. Thomas, J. · Thompson, T. v. Thompson, A.

2. “The defense of impossibility of performance is available to a party in a contempt proceeding if the impossibility to perform is not due to the actions of that party.”

   1 later decision quote this exact passage
   e.g. Thomas v. v. Thomas, J.

3. “If the alleged contemnor is unable to perform and has, in good faith, attempted to comply with the court order, then contempt is not proven.”

   1 later decision quote this exact passage
   e.g. Thomas v. v. Thomas, J.