Fontana v. Superior Court

Opinion

ELKINGTON, J.

We issued a writ of certiorari in order to review an order of the superior court adjudging petitioner Battista A. Fontana (hereinafter for convenience, Battista) to be guilty of contempt of court.

The relevant facts are undisputed.

[161]

In a marriage dissolution proceeding commenced by Betty L. Fontana (hereinafter for convenience, Betty), Battista had been ordered, pendente lite, to pay spousal support of

$1,000

per month. Thereafter, December 21, 1976, an interlocutory judgment of dissolution of marriage was entered, under the terms of which Battista was ordered to pay spousal support to Betty of

$1,200

per month, and $15,000 and $1,700 respectively for her attorney fees and costs. Thereafter Battista continued paying

$1,000

per month as spousal support, and he did not pay the $15,000 for attorney fees or the $1,700 for costs.

On March 9, 1977, Betty filed a notice of appeal from the interlocutory judgment of dissolution of marriage of December 21, 1976,

“and

\\from]

the whole

thereof,...” (Italics added.)

On March 16, 1977, Battista filed a cross-appeal from the interlocutory judgment insofar as it related to spousal support and attorney fees and costs.

On March 23, 1977, Betty commenced contempt proceedings against Battista for failure to pay the additional $200 per month spousal support, as well as the attorney fees and costs ordered by the judgment. Following a hearing the court held Battista guilty of contempt of court as follows:

“Count One: Failure to pay spousal support on December 21, 1976 in the sum of $1,200.00 for which respondent is sentenced to five days in county jail for said contempt;