Sarah Brown v. Brett Wallace

Summary

The Tennessee Court of Appeals vacated a probate court judgment finding Brett Wallace guilty of nine counts of criminal contempt for failing to pay child support and arrearages. The appellate court held that the trial court’s order lacked findings concerning the essential elements of criminal contempt, the supporting evidence, and compliance with criminal contempt notice requirements. The case was remanded for findings of fact and conclusions of law, including consideration of Tennessee Rule of Criminal Procedure 42.

Holdings

1. A trial court adjudicating criminal contempt must make findings of fact and conclusions of law addressing the essential elements of criminal contempt and the basis for its judgment. The trial court's conclusory statement that Mother had provided sufficient evidence did not satisfy Tennessee Rule of Civil Procedure 52.01.
2. A criminal-contempt proceeding must comply with Tennessee Rule of Criminal Procedure 42(b), including notice of the hearing time and place, a reasonable time to prepare a defense, and the essential facts constituting the alleged contempt. Because the trial court made no findings addressing notice, the matter had to be vacated and remanded for consideration of that issue.
3. The finding of criminal contempt and the forty-day sentence must be vacated because the trial court's order lacked findings on the essential elements of contempt, the evidentiary basis for the judgment, and the adequacy of notice.

Questions Presented

1. Whether the trial court could enter a criminal-contempt judgment by default.
2. Whether the evidence established that the order allegedly violated was clear, specific, and unambiguous.
3. Whether the evidence established that Father's violations were willful.
4. Whether the criminal-contempt convictions had to be vacated because of defective notice.
5. Whether the convictions had to be vacated because the trial court failed to make sufficient factual findings.

Disposition

vacated