Ragsdale v. Bryan, 218 S.E.2d 809 (Ga. 1975). · Go Syfert
Ragsdale v. Bryan, 218 S.E.2d 809 (Ga. 1975). Cases Citing This Book View Copy Cite
“punishment assessed in the form of attorney fees . . . was improper”
12 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: Rolleston v. Cherry (gactapp, 1999-04-12)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (quoted) Rolleston v. Cherry
Ga. Ct. App. · 1999 · quote attribution · 1 verbatim quote · confidence low
punishment assessed in the form of attorney fees . . . was improper
discussed Cited as authority (rule) H. J. Russell & Co. v. Manuel
Ga. Ct. App. · 2003 · confidence medium
Although Russell correctly contends that attorney fees may not be imposed as a punishment for criminal contempt, Ragsdale v. Bryan, 235 Ga. 58, 59 ( 218 SE2d 809 ) (1975), the record shows that the superior court awarded attorney fees to Manuel under OCGA § 9-15-14.
cited Cited as authority (rule) Eckerd Corp. v. Fayette County Board of Tax Assessors
Ga. Ct. App. · 1996 · confidence medium
OCGA § 15-6-8; Ragsdale v. Bryan, 235 Ga. 58, 59 ( 218 SE2d 809 ) (1975); Carter v. Carter, 241 Ga. 335, 336 ( 245 SE2d 292 ) (1978).
Retrieving the full opinion text from the archive…
RAGSDALE Et Al.
v.
BRYAN Et Al.
30064.
Supreme Court of Georgia.
Sep 11, 1975.
218 S.E.2d 809
Dillard, Dillard & Shearer, George P. Dillard, for appellants., Mitchell, Clarke, Pate & Anderson, Paul H. Anderson, A. J. Welch, Jr., for appellees.
Gunter.
Cited by 6 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 90%
Citer courts: Court of Appeals of Georgia (1)
Gunter, Justice.

This appeal is from a judgment that held the appellants in contempt of court and ordered them to pay attorney fees for the benefit of counsel representing the appellees in the contempt action. The citation for contempt was filed by the appellees because the appellants had allegedly violated a temporary injunction entered by the court.

The appellants contend here that the trial court was originally without jurisdiction to enter the temporary injunction, and that even if the court did have jurisdiction to enter the temporary injunction, it had no power to assess attorney fees in behalf of the appellees as punishment for contempt.

We hold that the trial court did have jurisdiction to enter the temporary injunction, that the evidence in the record supports the finding that the appellants were in contempt for a violation of the temporary injunction, but that the court was without power to assess attorney fees as punishment for the contempt.

Georgia’s Constitution provides: "The power of the Courts to punish for contempt shall be limited by legislative acts.” Code Ann. § 2-120.

The Georgia Legislature has provided that the superior courts have authority "[t]o punish contempt by fines not exceeding $200, and by imprisonment not exceeding 20 days.” Code Ann. § 24-2615 (5).

[*59] Argued July 9, 1975 Decided September 11, 1975. Dillard, Dillard & Shearer, George P. Dillard, for appellants. Mitchell, Clarke, Pate & Anderson, Paul H. Anderson, A. J. Welch, Jr., for appellees.

In General Teamsters Local No. 528 v. Allied Foods, Inc., 228 Ga. 479 (186 SE2d 527) (1971), this court held that the power of the superior courts to punish for contempt is limited by this statutory provision; and that the trial court did not have authority to award attorney fees as punishment for contempt. See p. 485.

We therefore conclude that the judgment holding the appellants in contempt of court was proper, but that the punishment assessed in the form of attorney fees for the benefit of counsel for the appellees was improper. We affirm the judgment with direction that the amount awarded as attorney fees be written off the judgment.

Judgment affirmed with direction.

All the Justices concur.