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844 N.E.2d 494

Foley v. Mannor

Indiana Court of Appeals

Decided March 17, 2006

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Indiana Court of Appeals · decided 2006-03-17

Cited by 4 later decisions — most recently April 2017

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2006-03-17

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NAJAM, Judge,

¶1concurring in result.

¶2I fully concur with the majority that the issuance of the body attachment on these facts was error. But we do not need to reach the merits of any defense to the child support obligation. Foley was found in contempt for his failure to appear at a hearing on June 27, 2005, not for failing to pay the child. support arrearage that had previously been reduced to a money judgment. Indiana 34-47-8-1 provides that an indirect contempt citation may issue against a person who willfully disobeys any process or any order lawfully issued. The record is devoid of any order directing Foley to appear at that hearing. And even if any of the CCS entries could be construed as an order to appear, the court never issued a rule to show cause. See Ind.Code § 34-47-8-5. Thus, there is no basis for a finding of contempt.

¶3In all other respects, I concur.

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