Freeman v. Irving-Cloud Publishing Co.
Freeman v. Irving-Cloud Publishing Co.
Opinion of the Court
The appellant Freeman was the attorney of record for the defendants in a case titled The Irving-Cloud Publishing Co. v. Leslie Hamilton and Christopher Hamilton both Ind. & D. B. A. Production Methods, being a suit on open account. The action was filed in June, 1978. Freeman filed an answer for both defendants denying the debt. Defendant Leslie Hamilton at a subsequent time filed an affidavit to the effect that she was married to Gary Stanfield, a practicing attorney in the State of Virginia, that she had moved to and become a resident of Virginia February 12,1978, that she was never served and had never authorized Freeman to represent her. While this issue was pending, the appellee, plaintiff in the trial court, dismissed the co-defendant Christopher Hamilton as a party defendant in the main case. Freeman also moved for and was granted leave to withdraw as counsel for Leslie Hamilton Stanfield.
Numerous motions were filed on both sides. Eventually, a rule nisi for contempt was filed against Freeman on March 21, 1980, following which the trial judge granted the plaintiff protective orders as to five interlocutory matters here enumerated as error: Freeman’s notice to take plaintiffs deposition; notice to take depositions of Watson, Lazarus, Arch and Marion B. Stokes, alleged to have had activities with alleged defendant Leslie Hamilton Stanfield; two requests for production of documents and an order denying Freeman’s motion for discovery against the plaintiff and its officer Nelson and for sanctions for its failure to appear in reply to a scheduled former hearing date.
One ruled for contempt is entitled to discovery as in other civil
Judgment reversed:
Case-law data current through December 31, 2025. Source: CourtListener bulk data.