Hamilton v. Hamilton, 2010 WY 35

Summary

The Supreme Court of Wyoming held that contempt arising from a violation of a temporary restraining order in a divorce case was civil rather than criminal because it was remedial and could be purged. The court further held that the contempt order was not a final appealable order because no punishment had yet been imposed, and it dismissed the appeal for lack of jurisdiction.

Holdings

1. The contempt was civil rather than criminal because the purge conditions were remedial and coercive, aimed at remedying harm to the opposing party and compelling compliance with the court's order rather than punishing an offense against the public.
2. A contempt order that finds a party in contempt but does not impose punishment by fine, imprisonment, or another sanction is interlocutory and is not a final appealable order.
3. The Supreme Court of Wyoming lacked jurisdiction to consider the merits because the contempt order was not a final appealable order.

Questions Presented

1. Whether the district court's contempt proceeding was civil or criminal in nature.
2. Whether the district court's order finding Pamela Hamilton in contempt, while allowing her to purge the contempt and reserving sanctions, was a final appealable order.
3. Whether the Wyoming Supreme Court had jurisdiction to consider the merits of the appeal.

Disposition

dismissed