Desjardins v. Desjardins

Summary

The Maine Supreme Judicial Court held that a contempt order setting a payment amount to purge remedial imprisonment did not itself constitute a money judgment. Because no judgment had been entered, the trial court lacked authority to issue a writ of execution for that amount, and the writ order was vacated.

Holdings

1. A purge amount stated in a remedial contempt order is not automatically a compensatory fine or money judgment. Because the contempt order did not expressly enter a judgment for $7,543.75, no enforceable money judgment existed.
2. A writ of execution may issue only to enforce a final monetary judgment. Because no judgment for $7,543.75 existed, the District Court lacked authority to issue the writ.

Questions Presented

1. Whether a contempt order that imposed ten days' incarceration and allowed the contemnor to purge by paying a specified amount constituted a money judgment enforceable by writ of execution.
2. Whether the District Court had authority to issue a writ of execution without an underlying final monetary judgment.

Disposition

vacated