Incorporating Temporary Order into Final Judgmentby Jerome Williams on 09/25/16
Several issues raised by former wife in her appeal of the trial court’s order on former husband’s amended motion for civil contempt/enforcement were affirmed without comment; at issue was whether the children’s paternal grandmother should be added to the children’s pick-up list. The appellate court agreed with former wife that the amended final judgment did not incorporate the provision of the temporary order which enabled former husband to make decisions concerning the children’s contact with his biological mother. Although the portion of the temporary order addressing time-sharing was attached to the amended final judgment, the provision regarding contact with former husband’s mother were not. The appellate court concluded that the trial court’s inclusion of only a portion of the temporary order, rather than its entirety, was intentional, not inadvertent. Finding the trial court’s interpretation that the provision regarding contact with the paternal grandmother was incorporated into the amended final judgment erroneous, the appellate court reversed that portion of the trial court’s order.