Brody v. Brody
Annotate this CaseIn 2010, the trial court ordered the dissolution of the marriage of Cary Brody and Felicia Brody and awarded Felicia a $2.5 million lump sum alimony payment. Thereafter, the court issued a postjudgment order finding Cary in contempt for failing to turn over certain property to a third party bailee. The Appellate Court affirmed. The Supreme Court affirmed in part and reversed in part, holding that the trial court (1) properly based its alimony award on a finding that Cary committed adultery; (2) properly based its alimony award on conduct that was subject to a prior written stipulation between the parties; and (3) improperly concluded that a preponderance of the evidence standard of proof governs indirect civil contempt proceedings. Rather, findings of indirect civil contempt must be supported by clear and convincing evidence. Remanded for a new hearing with respect to the trial court’s postjudgment order.
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