Waltz v. Waltz
Annotate this CasePlaintiff and Defended were divorced pursuant to a judgment that required Defendant to transfer paperwork to Plaintiff, assure that Plaintiff's tractor and snow blower were in working condition, and make property settlement payments to Plaintiff. Subsequently, Plaintiff obtained a final protection from harassment (PFH) order that prohibited Defendant from having any direct or indirect contact with Plaintiff. Some months later, Plaintiff filed a motion for contempt, alleging that Defendant had failed to comply with the divorce judgment. The court concluded that Defendant was not in contempt regarding the property settlement payment, the paperwork, the tractor, or the snow blower because Plaintiff had failed to prove that Defendant could comply with the judgment as to these items without violating the PFH order's no-contact provision. The Supreme Court vacated the judgment insofar as it found that the PFH order prevented compliance with the divorce judgment. Remanded.
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