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2010-UP-560 - Fowler v. Fowler

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Mary Ellison Fowler, Appellant,

v.

Floyd David Fowler, Respondent.


Appeal From Anderson County
 Barry W. Knobel, Family Court Judge


Unpublished Opinion No.  2010-UP-560 
Submitted November 1, 2010 – Filed December 23, 2010


AFFIRMED


Richard E. Thompson, Jr., of Anderson, for Appellant.

Charles R. Griffin, Jr., of Anderson, for Respondent.

PER CURIAM:  Mary Ellison Fowler (Wife) appeals the family court's order holding her in contempt for failure to pay Floyd David Fowler (Husband) $14,000.  On appeal, Wife argues the family court erred in holding her in contempt because the payment to Husband was contingent upon her approval for refinancing. We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  Abate v. Abate, 377 S.C. 548, 552, 660 S.E.2d 515, 518 (Ct. App. 2008) ("An appellate court should reverse a decision regarding contempt only if it is without evidentiary support or the trial judge has abused his discretion.  An appellate court will reverse a manifest abuse of discretion where the error of law is so opposed to the trial judge's sound discretion as to amount to a deprivation of the legal rights of the party." (internal quotation marks and citation omitted)); Id. at 553, 660 S.E.2d at 518 ("Contempt results from a willful disobedience of a court order. Willful disobedience requires an act to be done voluntarily and intentionally with the specific intent to do something the law forbids, or with the specific intent to fail to do something the law requires to be done; that is to say, with bad purpose either to disobey or disregard the law." (internal quotations and citation omitted)).  

AFFIRMED.

THOMAS, PIEPER, and GEATHERS, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.