Michael Alan Gordon v. Heather Elizabeth Gordon

Husband and Wife both sought a divorce, with each attributing fault to the other. During the divorce process, Wife alleged to the police, the Department of Children’s Services, and Husband’s military employer that Husband had abused her and their child. Husband denied the allegations and responded with a petition to hold Wife in criminal contempt for making false allegations of abuse. The contempt petition and the military investigation into Wife’s claims remained open at the time of Wife’s deposition. Wife refused, allegedly based on these open matters, to answer questions at her deposition, pleading the Fifth Amendment. The deposition was relocated to the courthouse, where the trial court held an impromptu hearing on the matter. During the hearing, the judge informed Wife that her refusal to answer questions could result in her being held in civil contempt. However, instead of holding Wife in civil contempt, with no warning, the trial court struck Wife’s pleadings and entered a default judgment. Addressing Husband’s pleadings and testimony thereupon, the trial court thereafter entered a final order dividing the parties’ property and fashioning a parenting plan. Wife appealed, arguing, among other things, that the sanctions of striking her pleadings and issuing a default judgment were improper. Because we conclude that Wife had insufficient notice, we vacate the trial court’s sanctions order and remand the case.