Madden v. Phelps

12 Citing cases

  1. Reibel v. Kavensky

    No. 21A-DR-1648 (Ind. App. Feb. 14, 2022)

    And it is a permissible goal of civil contempt to compensate a party when a court order is violated. Madden v. Phelps, 152 N.E.3d 602, 615 (Ind.Ct.App. 2020) ("[T]he trial court has the inherent authority to compensate the aggrieved party for losses and damages resulting from another's contemptuous actions.")

  2. Kimmel v. Clay

    No. 22A-JP-467 (Ind. App. Sep. 14, 2022)

    See, e.g., Madden v. Phelps, 152 N.E.3d 602, 614 (Ind.Ct.App. 2020) (modification of physical custody in child's best interests based on father's stability and consistent employment).

  3. Ellenburg v. Kropp

    175 N.E.3d 1208 (Ind. App. 2021)   Cited 1 times

    "It has been long established that [juvenile] courts may not sua sponte order a change of custody." Madden v. Phelps , 152 N.E.3d 602, 610 (Ind. Ct. App. 2020) (citing State ex rel. Davis v. Achor , 225 Ind. 319,327, 75 N.E.2d 154, 157 (1947) ). In Madden v. Phelps , on which Mother relies, another panel of this court concluded that the pleadings and argument before the court were too vague to have granted the juvenile court the authority to grant the father in that case sole legal custody.

  4. A.P. v. Ind. Dep't of Child Servs. (In re M.P.)

    No. 24A-JC-1067 (Ind. App. Nov. 25, 2024)

    Further, we give particular deference to trial courts in family law matters, mindful of their unique position to observe the witnesses and hear the testimony. See Madden v. Phelps, 152 N.E.3d 602, 610 (Ind.Ct.App. 2020).

  5. Jackels v. Swizek Enters.

    No. 23A-PL-2745 (Ind. App. May. 14, 2024)

    [¶19] "[O]nce a party is found in contempt, the trial court has the inherent authority to compensate the aggrieved party for losses and damages resulting from another's contemptuous actions, including an award of attorney's fees." Madden v. Phelps, 152 N.E.3d 602, 615 (Ind.Ct.App. 2020). In other words, when a court exercises its civil contempt power-as opposed to its criminal contempt power-the power is not to be used in a primarily punitive fashion, but instead to "coerce action for the benefit of the aggrieved party."

  6. Zentko v. Zentko

    No. 23A-DR-1455 (Ind. App. Jan. 16, 2024)

    "Regardless of consideration of economic resources, once a party is found in contempt, the trial court has the inherent authority to compensate the aggrieved party for losses and damages resulting from another's contemptuous actions, including an award of attorney's fees." Madden v. Phelps, 152 N.E.3d 602, 615 (Ind.Ct.App. 2020). The determination of damages in a contempt proceeding is within the trial court's discretion, and we will reverse an award of damages only if there is no evidence to support the award.

  7. P.M.S. v. T.P.W. (In re A.R.S.)

    198 N.E.3d 423 (Ind. App. 2022)   Cited 16 times

    This is apparent by the plain language of the statute, which provides that trial courts "shall consider all relevant factors," including those listed. I.C. § 31-14-13-2 ; see alsoMadden v. Phelps , 152 N.E.3d 602, 613 (Ind. Ct. App. 2020) (noting that the list of factors in Indiana Code Section 31-14-13-2 are not exclusive). Father is correct that no evidence was presented that Daughter was suffering from any of the symptoms listed by the trial court, such as PTSD or flashbacks.

  8. P.M.S. v. T.P.W. (In re A.R.S.)

    No. 22A-JP-529 (Ind. App. Nov. 16, 2022)

    This is apparent by the plain language of the statute, which provides that trial courts "shall consider all relevant factors," including those listed. I.C. § 31-14-13-2; see also Madden v. Phelps, 152 N.E.3d 602, 613 (Ind.Ct.App. 2020) (noting that the list of factors in Indiana Code Section 31-14-13-2 are not exclusive). Father is correct that no evidence was presented that Daughter was suffering from any of the symptoms listed by the trial court, such as PTSD or flashbacks.

  9. Beck v. Storm

    No. 21A-JP-2180 (Ind. App. Apr. 19, 2022)

    [¶15] When a trial court enters findings of fact and conclusions thereon sua sponte, those findings control only with respect to the issues they cover, and the general judgment standard applies to issues on which no findings were entered. Madden v. Phelps, 152 N.E.3d 602, 611 (Ind.Ct.App. 2020). "Where the trial court entered findings, we consider whether the findings are supported by the evidence and whether the findings support the judgment."

  10. Beck v. Storm (In re L.S.)

    187 N.E.3d 935 (Ind. App. 2022)

    [15] When a trial court enters findings of fact and conclusions thereon sua sponte, those findings control only with respect to the issues they cover, and the general judgment standard applies to issues on which no findings were entered. Madden v. Phelps , 152 N.E.3d 602, 611 (Ind. Ct. App. 2020). "Where the trial court entered findings, we consider whether the findings are supported by the evidence and whether the findings support the judgment."