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Grizzle v. Commonwealth

Court of Appeals of Virginia. Argued at Salem, Virginia
Jan 24, 1995
Record No. 1014-93-3 (Va. Ct. App. Jan. 24, 1995)

Opinion

Record No. 1014-93-3

Decided: January 24, 1995

FROM THE CIRCUIT COURT OF RUSSELL COUNTY, Donald A. McGlothlin, Jr., Judge

Michael J. Bush (Hancock Bush, P.C., on brief), for appellant.

Kathleen B. Martin, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: Chief Judge Moon, Judge Coleman and Senior Judge Hodges


MEMORANDUM OPINION

Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.


Appellant was convicted of contempt of court for the nonpayment of child support. On appeal, he contends that the circuit court lacked jurisdiction to hold him in contempt of court for failure to pay child support as ordered by the juvenile and domestic relations district court.

Appellant's argument is twofold. First, appellant asserts that the circuit court "summarily dismissed" the case for appellant's failure to post an appeal bond for the appeal from the juvenile and domestic relations district court order. However, the record shows that the circuit court did not dismiss the appeal. The record shows that appellant's case was appealed to the circuit court and that on December 18, 1992, the circuit court ordered appellant to show cause why he should not be held in contempt of court for failure to pay child support as previously ordered by the juvenile and domestic relations district court. Then, on April 22, 1993, the circuit court found appellant guilty of contempt of court.

Nothing in the record supports appellant's assertion that the circuit court dismissed the appeal. "The trial court's judgment is presumed to be correct, and 'the burden is on the appellant to present to us a sufficient record from which we can determine whether the lower court has erred.' " Twardy v. Twardy, 14 Va. App. 651, 658, 419 S.E.2d 848, 852 (1992) (reh'g en banc).

Appellant further argues that the circuit court did not have jurisdiction to initiate contempt proceedings over an order entered by the juvenile and domestic relations district court. Code Sec. 16.1-296(I) states, "In all cases on appeal, the circuit court in the disposition of such cases shall have all the powers and authority granted by the chapter to the juvenile and domestic relations district court." The appeal of the motion to amend child support placed in issue the question of child support and invoked the jurisdiction of the circuit court. Therefore, the circuit court had jurisdiction to initiate contempt proceedings against appellant for failure to obey the juvenile and domestic relations district court order.

Accordingly, we affirm the decision of the circuit court finding appellant in contempt of court.

Affirmed.


Summaries of

Grizzle v. Commonwealth

Court of Appeals of Virginia. Argued at Salem, Virginia
Jan 24, 1995
Record No. 1014-93-3 (Va. Ct. App. Jan. 24, 1995)
Case details for

Grizzle v. Commonwealth

Case Details

Full title:HARLEY WAYNE GRIZZLE v. COMMONWEALTH OF VIRGINIA

Court:Court of Appeals of Virginia. Argued at Salem, Virginia

Date published: Jan 24, 1995

Citations

Record No. 1014-93-3 (Va. Ct. App. Jan. 24, 1995)