H.K. Development, LLC. v. Greer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that civil contempt sanctions were improper, in part, because they “cannot— and are not designed to-compel performance of any act yet to be taken”
• holding that sanctions payable to a private party cannot be construed as criminal and thus are \lawful only insofar as they compensate the private party litigant for damages the contumacious conduct caused\
• reversing and remanding order of civil contempt for \findings as to actual damages and entry of an order tailoring any sanctions accordingly\
• remanding \for findings as to actual damages and entry of an order tailoring any sanctions accordingly\
• finding the sanctions order could not be upheld “because no evidence was adduced . . . to prove what relationship, if any, the $31,000 sanction b[ore] to ‘reasonable expenses caused by the failure’” to appear for deposition
• \As a general rule the amount of the fine will be limited to the actual damage sustained by the injured party. An award of compensatory damages should not be speculative or conjectural.\ (quoting 17 C.J.S. Contempt § 115 (1999))

Source: CourtListener parenthetical corpus (CC0).