Stusch vs. Jiruska

In Stusch vs. Jiruska, the appellate court reversed and remanded an order finding the former husband in Contempt because the trial court erred in not granting a continuance and conducting a hearing without the former husband present. The trial court should have granted a continuance based upon the pro se letter from the former husband to the judge indicating an inability to appear due to unforeseen medical problems. The trial court should have construed the letter liberally and find that it was a request for a continuance and grant the continuance accordingly. The appellate court also takes the time to consider other errors in the contempt ruling even though it reversed the order on procedural grounds.

Stusch v Jiruska