Superior Court 7/30/08 - JOHN E. HOPKINS, JR. v. SONYA F. BYES

JOHN E. HOPKINS, JR. v. SONYA F. BYES
No. 1544 WDA 2007 2008 PA Super 172 Atlantic: n/a Filed: 7/30/2008
Appeal from the Order entered in the Court of Common Pleas of Erie County, Domestic Relations Division, No(s): 14661-1998
Before: BENDER, GANTMAN and TAMILIA, JJ.
Opinion by: TAMILIA, J.
Sonya F. Byes, mother of the parties’ minor son, DOB 12/28/97, appeals from the July 24, 2007, Order finding her in contempt on the basis she interfered with child custody by ignoring a visitation Order. As a sanction, the court also assessed mother attorney’s fees totaling $500. By Order entered in this Court on February 29, 2008, this matter was remanded for preparation of a trial court Opinion and to allow supplementation of the record by the parties. The trial court complied on May 28, 2008, and we thereafter allowed the parties time within which to respond. Appellant complied on June 3, 2008; appellee, whose brief was due ten days hence on June 13, 2008, has not responded. The appeal is now ripe for our review.

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When considering an appeal from an Order holding a party in
contempt for failure to comply with a court Order, our scope of review is
narrow: we will reverse only upon a showing the court abused its discretion.
Hyle v. Hyle, 868 A.2d 601 (Pa.Super. 2005), appeal denied, 586 Pa. 727,
890 A.2d 1059 (2005). The court abuses its discretion if it misapplies the
law or exercises its discretion in a manner lacking reason. Id. To be in
contempt, a party must have violated a court Order, and the complaining
party must satisfy that burden by a preponderance of the evidence. Id.

¶ 4 Attorney fees may be assessed as a sanction for the contemnor’s
refusal to comply with a court Order, causing the innocent party to incur fees
in an effort to obtain what was rightfully his. See 42 Pa.C.S.A. § 2503,
Right of participants to receive counsel fees; Rhoades v. Pryce, 874
A.2d 148 (Pa.Super. 2005), appeal denied, 587 Pa. 724, 899 A.2d 1124
(2006) (holding attorney fees may be awarded as a sanction to compensate
the contemnor's adversary for injuries resulting from the contemnor's
noncompliance with a court Order); see also Goodman v. Goodman, 556
A.2d 1379 (Pa.Super. 1989), appeal denied, 523 Pa. 642, 565 A.2d 1167
(1989).