ILNews

COA reverses contempt finding

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals reversed a trial court order finding a father in contempt of court for not complying with orders stemming from post-dissolution proceedings, ruling the father did comply with an order requiring he update his ex-wife with documents regarding a trust for his children's education.

In David L. Bartlemay v. Nancy Witt, f/k/a Nancy Bartlemay, No. 89A04-0802-CV-50, David Bartlemay appealed a 2007 trial court order that he was in contempt of court for violating previous orders following the dissolution of his and Nancy Witt's marriage.

The couple has four children and a trust was set up by Bartlemay's father for the children's future college expenses with Bartlemay's sister, Robbin Myers, as the trustee. Later, the trust was terminated and a limited liability company was created to provide the college funds.

The original dissolution order stated Bartlemay would provide Witt with a semi-annual accounting of the children's college funds, which a 2006 order updated stating what documents Witt should receive annually.

After Bartlemay failed to provide the required financial documents, Witt filed a motion and asked that he be held in contempt and pay her attorney's fees.

In 2007, the trial court found Bartlemay in contempt for failing to directly provide Witt with financial statements of the limited liability company twice a year, ordered him to pay $13,000 for Witt's legal fees, and sentenced him to a 10-day jail sentence, which was suspended pending his compliance with the court orders in the future.

The Court of Appeals found Witt was being hypercritical about the manner in which she receives the financial information because she has received adequate information in a proper time frame, even though Myers, not Bartlemay, sent Witt the financial statements, wrote Chief Judge John Baker.

The appellate court also wrote in a footnote that it "strongly encourage(s) David and Nancy to find a way to navigate their differences on this issue," and use intervention by the court as a last resort.

The Court of Appeals reversed the trial court's finding that Bartlemay was in contempt for allegedly violating the previous orders regarding how and when he delivered the financial statements to Witt, the sentence of 10 days in jail because it doesn't give him an opportunity to purge himself of the contempt with compliance, and the finding that Bartlemay was in contempt for removing two of his daughters from school without Witt's permission so that they could testify at a March 2007 hearing.

Bartlemay violated the original dissolution order that states the children can't be removed from school without the permission of the other parent, but he did have the right to bring his daughters to testify at the trial, wrote the chief judge.

The appellate court also remanded to the trial court for a determination of how much Bartlemay should have to pay in attorney's fees. The original amount ordered by the trial court is based on its belief he intentionally gave inaccurate information while testifying before the 2001 order, but there is no evidence he intentionally misled the court.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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