Opinion
2012-MO-046
11-21-2012
Ex parte: Belinda Davis-Branch, Respondent. v. Betty Jean Solomon, Appellant. In re: Larry Solomon, Plaintiff, Appellate Case No. 2011-196006
Jonathan Marshall Holder, of The Moore Law Firm, of Barnwell, for Appellant. Zipporah O. Sumpter, of Sumpter Law Office, of Orangeburg, for Respondent.
UNPUBLISHED OPINION
Heard September 19, 2012.
Appeal From Barnwell County Dale Moore Gable, Family Court Judge
Jonathan Marshall Holder, of The Moore Law Firm, of Barnwell, for Appellant.
Zipporah O. Sumpter, of Sumpter Law Office, of Orangeburg, for Respondent.
MEMORANDUM OPINION
PER CURIAM:
The parties agreed that this appeal could be decided on policy grounds. We therefore vacate the contempt order, and the attendant sanctions. We hold that a family court order requiring each party to pay her own attorney's fee is not enforceable by the attorney against her client in family court through use of the court's contempt powers. The ruling of the family court thus constituted an abuse of discretion. This disposition is without prejudice to respondent's right to seek to enforce her contract with appellant in a proper forum. Further, we order that no costs or attorneys' fees will be awarded in this appeal under Rule 222(a), SCACR.
VACATED.
TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.