Cite as 2014 Ark. App. 432 ART(ANSAS COURT DIVISION No. CV-14-73 TIMOTHY BALL APPELLANT SHELIA BALL APPELLEE KENNETH S. HIXSON, This is a domestic proceeding between who married in 1988 and divorced on October Timothy filed a motion to cite Shelia for contempt, court's orders. After a hearing, the trial court entered that Shelia did not willfully violate the court's appeals, arguing that the trial court erred in failing The parties separated and Shelia filed continued to reside in the marital home with the 2L1.2,She1ia was diagnosed with breast cancer. OnJune 28,201.2, the tnal court entered the parties agreed that Timothy would continue OF APPEALS I opinion Delivered AUGUST 27, 201.4 APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT [NO. DR-11,-66s) HONORABLE ANNIE POWELL HENDRICKS, JUDGE AFFIRMED Judge appellant Timothy Ball and appellee Shelia Ball, 23,2An. Subsequent to their divorce, alleging that Shelia had violated the trial an order on October 1 ,201.3, finding orders and was not in contempt. Timothy now to find Shelia in contempt. 'We affirm. for divorce in August 2011. After that, Shelia parties'adult daughter, Shawna. InJanuary an agreed temporary order. In that order, to pay the mortgage on the marital home,
as well as the costs of the utilities and yard work. payment and pay temporary alimony of $1600 Timothy not to visit the marital home except by appointment parties and their respective counsel. The October 23,2012 divorce decree him responsible for the mortgage. The decree ordered equitable interest in the home. Timothy was also ordered The parties' personal properry was divided in accordance given until November 30, 201,2, to move out leave any ofTimothy's personal items in the house. each party was enjoined from injuring or harassing Timothy filed a motion to cite Shelia for contempt motion, he alleged that upon repossession of the disarray and in disrepair. Timothy further alleged irems of personal properry awarded to him by be held responsible for his costs to repair the home, pay for the replacement value of his missing At the hearing on Timothy's contempt phorographs showing the condition of the house both he reassumed possession. According to Timothy, parries'mamage, but had been left by Shelia Timothy also agreed to make Shelia's car per month. The temporary order directed and as agreed between the awarded Timothy the marital home and held Timothy to pay Shelia $10,000 for her to pay $2500 in monthly alimony. with an attached exhibit. Shelia was of the marital home, and she was ordered to The divorce decree further provided that the other parry. onJanuary 18, 2013. In Timothy's home he discovered that it had been left in that Shelia had failed to leave many of his the divorce decree. Timothy asked that Shelia and also that she be ordered to replace or personal items. motion, Timothy presented numerous before the parties' separation and after the house was in good condition during the in a state of filth and disrepair. 2
Timothy gave various examples of the problems took possession of the house after the parties' feces and urine throughout the house, some ofwhich further testified that the swimming pool had not According to Timothy, the yard had not been maintained the carpets were severely stained and that there further testified that the two refrigerators were in unplugged with food left in it. Timothy introduced incurred in cleaning and repairing the house, which Timothy also testified that many of his personal He stated that an expensive grill was missing, and Timothy further stated that someone had taken all of submitted a list of all of his items of personal properry house, and he estimated the total replacement cost Shelia testified that many of the problems parties' separation. She said that the carpets were stained, the upstairs work, and there were plumbing issues. Shelia landscaper from coming into the backyard landscaper returned the ladder and she allowed stared thar Timothy had shut it down when they ro maintain it. Shelia denied intentionally leaving he allegedly encountered when he divorce. Timothy testified that there were dog had been covered up by rugs. Timothy been maintained and had a torn liner. and was overgrown. He stated that was trash strewn about the house. Tirnothy disrepair and that one of them had been a list of the expenses he allegedly totaled more than $19,000. items were missing from the house. that the garage had been ransacked. his guns and ammunition. Timothy that were allegedly missing from the at around $16,700. with the house were present before the air conditioner did not stated that at one time she prevented the because a ladder was missing, but that the him access after that. As for the pool, Shelia separated and that she did not know how the house in disarray or doing anything to 3
diminish the value of the house, but she did state that her move battle with breast cancer. Shelia stated that when the poor condition depicted in Timothy's photographs. Shelia denied taking any of Timothy's turkey fry.r that were accidentally taken by the separated a few times in the past, and that on each possessions with him. Shelia did not know whether were in the house on the date of their final separation, have them. The parties' daughter, Shawna, corroborated Shelia's neither she nor her mother took any of her father's personal belongings, that the house needed significant repairs at the time of On October 1.,2013, the trial court entered not rise ro rhe level of willful disobedience, and trial court did not order Shelia to reimburse Timothy items of personal properfy, although the court did order and his turkey fryer. In this appeal, Timothy argues that on these facts Shelia in contempt. Timothy argues that by in an extremely disorderly and unclean condition, from injuring the other parry. Timothy also contends was very difficult due to her she moved out of the house it was not in personal properry, except for a table and a movers. Shelia stated that the parties had occasion Timothy took guns and other the personal items claimed by Timothy but she maintained that she did not testimony. Shawna testified that and she also stated her parents'separation. an order finding that Shelia's behavior did it declined to find Shelia in contempt. The for any of his alleged repairs or missing Shelia to return to Timothy his table the tnal court erred in failing to find failing to maintain the house and by leaving it she violated the court's order to refrain that Shelia willfully violated the divorce 4
decree by failing to leave him the items of personal property awarded He argues that Shelia should be held in contempt and of her willful disobedience. Contempt may be established when the order of a court. Bass u. Bass,2011Ark. App.753,387 S.W.3d21,8. motion for contempt filed below did not speci$r in criminal or civil contempt, it is clear that he the rule in Arkansas that, in certain cases, a process remedies, the result ofwhich is to make the innocent parry whole contemptuous conduct. Omni Holding & Deu. Corp. S.W.3d 228 QA}q. Civil contempt protects the rights compliance with orders ofthe court made for standard of review in civil contempt proceedings clearly against the preponderance of the evidence. Flippen u. The trial court found that Shelia did not willfully we hold that this finding was not clearly against the turned largely on the credibiliry of the witnesses, and the trial was convinced that Shelia's testimony was more credible than court's findings, we grve due deGrence to the court's superior credibiliry of the witnesses and the weight to be Chitwood,2014 Ark. 182,433 S.'W.3d 245. to him by the decree. ordered to pay for the consequences offending parfy willfully disobeyed a valid Although Timothy's whether he was asking that Shelia be held was asking for civil contempt. It has long been for contempt may be used to effect civil from the consequences of u. 3D.5.A., lnc.,356 Ark. 440, 156 of private parties by compelling the benefit ofprivate parties. Bass, supra. The is whether the trial court's finding was Jones,2014 Ark. App. 220. disobey its orders, and on this record preponderance of the evidence. This case court stated in its order that it Timothy's. In reviewing a trial position to determine the accorded their testimony. Chitwood u. Although Timothy alleged that Shelia had left 5
the house in disrepair and disarray, Shelia testified present prior to the parties' separation. Moreover, condition ofthe house upon her departure, and very difficult for her. Shelia stated that she did disarray, nor did she purposely take any of Timothy's that were accidentally taken by Shelia during Timothy. Shelia denied being in possession determinations to the trial court, as we must, we refusing to find Shelia in contempt. Affirmed. 'WvNNr and BRowN,JJ., agree. that many ofthe maintenance issues were Shelia disputed the severiry of the she maintained that her illness made the move not intentionally leave the home in a state of personal belongings. The two items her move were ordered to be retumed to of any other items. Leaving credibiliry conclude that the trial court did not err in 6
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