Greene v. Finn

Summary

The Wyoming Supreme Court reviewed a contempt judgment against a former husband for failing to comply with property, tax, alimony, and credit-card obligations in a divorce decree. The court held that failure to file a supersedeas bond did not require dismissal of the appeal. It affirmed the contempt findings concerning personal property, property taxes, and alimony, but reversed the finding concerning American Express debt because the decree was ambiguous as to that obligation.

Holdings

1. Failure to post a supersedeas bond does not require dismissal of an appeal when the bond was sought to stay enforcement of the judgment rather than to secure appellate costs. It removes the stay protection and leaves the judgment creditor free to execute on the judgment.
2. The district court properly held Husband in contempt for failing to deliver one-half of the artwork, deliver the Lichvar furniture and Blazer, pay the specified Rabbit Ears and Smole property taxes, and pay the required temporary alimony.
3. The district court erred in holding Husband in contempt for failing to pay one-half of the American Express Blue and Platinum account debt because the divorce decree did not clearly and unambiguously impose that obligation on him.

Questions Presented

1. Whether the appeal should be dismissed because Husband failed to post the supersedeas bond ordered by the district court.
2. Whether the district court abused its discretion, committed a serious procedural error, or violated a principle of law by holding Husband in contempt for failing to comply with specified provisions of the divorce decree.
3. Whether the divorce decree clearly and unambiguously required Husband to pay one-half of the American Express Blue and Platinum credit-card debt.

Disposition

reversed_and_remanded