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Propst Order

The document details a court order from a divorce case. It finds the defendant in contempt for failing to pay spousal support and attorney fees. It enters monetary judgments against the defendant and orders him to pay past due support, fees, and undergo a deposition. It also sentences the defendant to jail time and issues sanctions for missed discovery obligations.

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77K views3 pages

Propst Order

The document details a court order from a divorce case. It finds the defendant in contempt for failing to pay spousal support and attorney fees. It enters monetary judgments against the defendant and orders him to pay past due support, fees, and undergo a deposition. It also sentences the defendant to jail time and issues sanctions for missed discovery obligations.

Uploaded by

KentFaulk
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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DOCUMENT 47

ELECTRONICALLY FILED
4/16/2024 9:50 AM
68-DR-2008-000509.02
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
KAREN DUNN BURKS, CLERK

IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA


BESSEMER DIVISION

PROPST TAMMY M, )
Plaintiff, )
)
V. ) Case No.: DR-2008-000509.02
)
PROPST THOMAS R, )
Defendant. )

ORDER

THIS CAUSE came before the Court on February 23, 2024, for hearing on the Plaintiff’s
Motion to Show Cause, for Entry of Income Withholding Order, and for Payment of Interim and
Previously Awarded Fees filed February 9, 2024. The Plaintiff was present with her attorney of
record, Heather Fann. The Defendant and his attorney of record, JoLayne Duck, were absent; the
Court attempted to contact Defendant’s Counsel by telephone without success. The Defendant
now proceeds pro se as prior Counsel for the Defendant filed a Motion to Withdraw on March 7,
2024, which was granted on March 11, 2024. This Cause again came before the Court on April 16,
2024, for hearing on the Plaintiff’s Motion to Compel filed March 19, 2024, and the Plaintiff’s
Renewed Motion to Compel and for Sanctions filed April 1, 2024. The Plaintiff was present and
represented by her Cousnel of record, Heather Fann. The Defendant once again failed to appear
and did not respond to a telephone call by the Court. Having considered the pleadings, the sworn
testimony of the Plaintiff, and the arguments of the Plaintiff’s Counsel during both aforementioned
hearings, it is ORDERED, ADJUDGED, and DECREED by the Court as follows:
1. The Defendant shall pay Six Thousand Five Hundred Forty Dollars and Fifty Cents
($6,540.50), which represents the Four Thousand Five Hundred Sixty-Nine Dollar and Seventy-
Eight Cents ($4,569.78) judgment awarded in the April 6, 2018 Order on the .01 matter related
hereto, plus interest totaling One Thousand Nine Hundred Seventy Dollars and Seventy-Two
Cents ($1,970.72) on or before April 30, 2024. Said sum is entered as a judgment against the
Defendant, for which let execution lie.
2. The Plaintiff is hereby awarded the sum of Eight Thousand Dollars ($8,000.00) in
interim attorney fees to be paid directly to the office of Plaintiff’s Counsel (made out to “Fann Law,
LLC”) for the services of her attorney herein.
DOCUMENT 47

3. The Court finds that the Defendant owes a principal arrearage for past due spousal
support in the amount of One Hundred Six Thousand Dollars ($106,000.00), representing no
payment whatsoever toward said obligation for the fifty-three (53) months prior to the filing of the
Plaintiff’s Verified Petition for Rule Nisi and for Modification of Decree on October 15, 2023. The
total arrearage due from the Defendant to the Plaintiff, inclusive of interest, is One Hundred
Twenty-Three Thousand Eight Hundred Seventy-Five Dollars ($123,875.00). Said sum is entered as
a judgment against the Defendant, for which let execution lie.
4. Reference is hereby made in this Order to a separate Order entitled Income
Withholding for Support, pursuant to Code of Alabama 1975, Title 30-3-60 et. seq., which is
specifically incorporated herein as part of this cause, and this Order SHALL be served on the
Defendant’s employer immediately.
5. The Plaintiff’s Motion to Compel filed March 19, 2024, and the Plaintiff’s Renewed
Motion to Compel and for Sanctions filed April 1, 2024, are hereby GRANTED. The Defendant is
ordered to fully and completely respond to all outstanding discovery requests and produce any and
all outstanding discovery documents to Plaintiff’s Counsel within fourteen (14) days of this Order
or suffer further appropriate sanctions by the Court. The deposition of the Defendant will take
place at 9:00 a.m. on May 14, 2024, at the Bessemer Judicial Building, 1851 2nd Avenue North
Bessemer, Alabama 35020.
6. The Court finds the Defendant in civil and criminal contempt for willful and
contumacious failure to comply with both the previous obligation to pay the Plaintiff’s attorney
fees and the alimony for fifty-three (53) months. Accordingly, a Writ of Arrest shall be issued by
separate order for any law enforcement officer to arrest and incarcerate the Defendant. Having
been late and/or failing to pay alimony for fifty-three (53) months prior to the filing of the
Plaintiff’s Petition as required under this Court’s Orders and being found in criminal contempt for
each instance thereof, the Defendant is hereby sentenced to serve five (5) days for each instance,
for a total of two-hundred sixty-five (265) days in the County Jail, in addition to the forty-five (45)
days previously ordered by this Court on April 8, 2024, such that the full sentence shall be three
hundred and ten (310) days. The Defendant may purge himself of civil contempt by posting a cash
bond with the Clerk of this Court in the total judgment amount including fees contemplated
hereinbelow of Thirty-Five Thousand Dollars ($35,000.00).
7. The Court issues sanctions for the Defendant’s failure to attend his deposition
noticed for March 28, 2024, and produce the requested documents as follows:
DOCUMENT 47

a. The Court awards fees incurred for the cost of the subpoena issued to Pell City
School System in the amount of Thirteen and 5/100 Dollars ($13.05).
b. The Court awards fees incurred for the cost of the service of said subpoena in the
amount of Seventy-Five Dollars ($75.00).
c. The Court awards fees incurred for the cost of the court reporter in the amount of
One Hundred Dollars ($100.00).
d. The Court awards attorney fees incurred due to the Defendant’s failure to appear to
said deposition in the amount of One Thousand Six Hundred Seventy Dollars
($1,670.00) representing a total of 4.9 hours expended towards said subpoena and
1.1 hours expended for the missed deposition.
8. All pending matters not specifically addressed herein are hereby RESERVED for
further hearing,

DONE this 16th day of April, 2024.

/s/ THOMAS E. THRASH SR.


CIRCUIT JUDGE

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