Tennessee Code Annotated
Tenn. Code Ann. § 29-9-105 (2026)
Performance of forbidden act
✓ current as of May 2026
If the contempt consists in the performance of a forbidden act, the person may be imprisoned until the act is rectified by placing matters and person in status quo, or by the payment of damages.
Code 1858, § 4109; Shan., § 5921; Code 1932, § 10122; T.C.A. (orig. ed.), § 23-905.
Notes of Decisions
Cited in 34
cases (3 in the last 5 years), 1995–2023 · leading case: Overnite Transp. Co. v. Teamsters Local Union No. 480, 172 S.W.3d 507 (Tenn. 2005).
Overnite Transp. Co. v. Teamsters Local Union No. 480, 172 S.W.3d 507 (Tenn. 2005). “See Tenn.Code Ann. § 29-9-105 (1980 & 2000). *512 CONCLUSION We hold that a right to appeal lies from a trial court’s refusal to hold an alleged contemnor in civil contempt.”
Reed v. Hamilton, 39 S.W.3d 115 (Tenn. Ct. App. 2000). “Tenn.Code Ann. § 29-9-105 (1980). We are aware of no reported cases in Tennessee specifically addressing whether section 29-9-105 authorizes a court to award attorney’s fees in cases of civil contempt.”
Powell v. Powell, 124 S.W.3d 100 (Tenn. Ct. App. 2003). “” Tenn.Code Ann. § 29-9-105 (2000) (emphasis added).”
Bryan v. Leach, 85 S.W.3d 136 (Tenn. Ct. App. 2001). “Tennessee appears to have incorporated the concept of damages arising from contempt in Tenn.Code Ann. § 29-9-105, which makes damages available where the contempt consists of the performance of a forbidden act.”
Joyce Bradley Watts v. Colin Wade Watts, 519 S.W.3d 572 (Tenn. Ct. App. 2016). “attorney’s fees as compensatory damages for civil contempt under Tenn.Code Ann. § 29-9-105. See Reed v. Hamilton, 39 S.”
Desiree M. Beyer v. Erik A. Beyer, 428 S.W.3d 59 (Tenn. Ct. App. 2013). “Pursuant to Tennessee Code Annotated section 29-9-105, “[i]f the contempt consists in the performance of a forbidden act, the person may be imprisoned until the act is rectified by placing matters and person in status quo, or by the payment of damages.”
In Re Lineweaver, 343 S.W.3d 401 (Tenn. Ct. App. 2010). “” Tenn.Code Ann. § 29-9-105 (2000). If, however, the contemnor has failed to perform an act that he was ordered to perform, and the court seeks to compel performance of the act, Section 29-9-104 outlines the remedy: Omission to perform act.”
Cox v. Shell Oil Co., 196 S.W.3d 747 (Tenn. Ct. App. 2005). “In their Memorandum in Support of this Motion, the Appellees specifically state that: The acts alleged, if proven, would be violations of [the] Rules of the Tennessee Supreme Court; thus, under Tennessee law, they constitute criminal, not civil, contempt, and T.C.A. § 29-9-105…”
Stephanie Keller v. Est. of Edward Stephen McRedmond, 495 S.W.3d 852 (Tenn. 2016). “The trial court’s orders were clearly intended as for the benefit of the Buyers in the anticipated purchase of the grease business assets.”
Headrick v. Carter, 897 S.W.2d 256 (Tenn. 1995). “4109 [T.C.A. § 29-9-105] goes further — it combines punishment by way of vindicating the Court, with damages by way of compensating the party for injury arising from the illegal disobedience of the process of the Court.”
Overnite Transp. v. Teamsters Local Union No. 480 (Tenn. Ct. App. 2004). “Tenn. Code Ann. § 29-9-105 (2000). The trial court reasoned that the plain language of the statute provides for damages as a remedy, and that Tennessee case law also supported Overnite’s claim.”
Alexander Stratienko v. Lisa Stratienko (Tenn. Ct. App. 2023). “Moreover, the court ordered that Husband be “imprisoned in the Hamilton County Correction facility pursuant to T.C.A. § 29-9-105 until [the Schwab Account] is restored as security as ordered on March 2, 2020.”
— Tenn. Code Ann. § 29-9-105(a) — 1 case
Elizabeth Kay Tomes v. Michael Joe Tomes (Tenn. Ct. App. 2021).
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