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JONES v. JONES

No. 825DC921.

303 S.E.2d 583 (1983)

Faye R. JONES v. Donnie Ray JONES.

Court of Appeals of North Carolina.

June 21, 1983.

Attorney(s) appearing for the Case

Julia Talbutt, Wilmington, for plaintiff, appellee.

W.G. Smith and Bruce H. Jackson, Jr., Wilmington, for defendant, appellant.

HEDRICK, Judge.

In Teachey v. Teachey, 46 N.C. App. 332, 334, 264 S.E.2d 786, 787 (1980), this Court, speaking through Martin, Judge (Harry C.), said:

For civil contempt to be applicable, the defendant must be able to comply with the order or take reasonable measures that would enable him to comply with the order. We hold this means he must have the present ability to comply, or the present ability to take reasonable...

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