David Beazer, Petitioner and Appellant, v. Jeanee Hatton Farnsworth, Respondent and Appellee. State of Utah, Office of Recovery Services, Intervenor. ORDER Case No. 20030589-CA TO THE ABOVE PARTIES AND/OR THEIR ATTORNEYS: This appeal is before the court on its own motion for summary disposition on the basis that Appellant "is in contempt of a trial court order in the same action." D'Aston v. DfAston, 790 P.2d 590, 593 (Utah Ct. App. 1990). Appellant challenges the trial court's determination that he willfully violated the temporary support order. He contends that when the trial court entered the order, he lacked, and he now lacks, the ability to comply with the court's orders "deal[ing] with the payment of money" because he is unable to work due to medical and mental conditions. He therefore contends this court should not dismiss his appeal under D'Aston. Appellee has not responded to this court's motion. IT IS HEREBY ORDERED that this court's motion for summary disposition is withdrawn, and a ruling on the issues raised therein is deferred pending plenary consideration of the appeal. The parties will be notified when a briefing schedule has been established. IT IS FURTHER ORDERED that along with the merits, the parties shall brief the issue of whether the appeal should be dismissed under D'Aston.
Public record document (some rights may be reserved).
Legal Brief, Beazer v. Farnsworth, No. 20030589 (Utah Court of Appeals, 2003).