Fiedeldey v. Finneytown Local School Dist. Bd. of Edn.
Case Details
- Judge(s)
- Crouse
- Status
- Published
- Procedural Posture
- trial verdict
Related Laws
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Excerpt
CONTEMPT — CIVIL CONTEMPT — LAW OF THE CASE — ABUSE OF DISCRETION: The trial court abused its discretion by denying plaintiff's motion to hold defendant in contempt based on its interpretation of the trial court's original order, where that interpretation was inconsistent with the law of the case, as established by this court's prior decision interpretating that original order. Defendant school board's intervening termination of plaintiff's employment did not necessarily preclude the trial court from holding defendant school board in contempt for failing to reinstate plaintiff in the proper role, and to the extent it denied plaintiff's contempt motion based on an erroneous contrary belief, the trial court abused its discretion. Where the trial court abused its discretion by denying plaintiff's motion for contempt based on errors of law, the proper remedy was to reverse and remand to permit the trial court to exercise its discretion in the first instance.
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