ABERNETHY v. ABERNETHY

No. 8215DC1147.

307 S.E.2d 396 (1983)

Judith L. ABERNETHY v. C. Fred ABERNETHY.

Court of Appeals of North Carolina.

October 4, 1983.


Attorney(s) appearing for the Case

Powe, Porter & Alphin, P.A. by N.A. Ciompi and William E. Freeman, Durham, for plaintiff.

Spears, Barnes, Baker & Hoof by John C. Wainio, Durham, for defendant.


WELLS, Judge.

Defendant contends the trial court erred in ordering him jailed for contempt when there was no evidence and no finding at the 7 June 1982 hearing that he had a present ability to comply with the previous orders. The civil contempt statute, G.S. 5A-21, does require that "[t]he person to whom the order is directed [be] able to comply with the order or [be] able to take reasonable measures that would enable him...

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