Bellesouth’s Wednesday morning post reported Scruggs’ motion to release security and settle the fine for civil contempt – an effort Renfroe calls illusory in a response in opposition that shows about as much class as a Christi Brinkley divorce.
In his Motion Scruggs seeks to satisfy the joint and several judgment against him and Defendants Cori Rigsby (Moran) and Kerri Rigsby (“Defendants”) for civil contempt sanctions by the conditional and non-final release of $65,000 plus interest held by this Court as security against Scruggs’ pending appeal of those civil contempt sanctions.
Defendants did not appeal the contempt sanctions, and the judgment against them for $65,000 plus interest became final against them on July 5, 2008.
On July 10, 2008, this Court ordered Defendants to pay the contempt sanctions that were final against them by July 24, 2008 or face additional sanctions.
On July 24, 2008, Scruggs filed this Motion purportedly seeking to satisfy the joint and several judgment on the conditionthat he gets his money back ifhe wins his appeal.
Scruggs’ carefully timed attempt to satisfy the judgment by releasing the deposited funds to Renfroe is illusory because it is conditional. The illusory, temporary payment by Scruggs would not satisfy the Defendants’ judgment because it is conditional and not a permanent payment to which Renfroe is entitled. Should, arguendo, Scruggs win his appeal, Renfroe would have no satisfaction from the Defendants, against whom the judgment is final and owing. Renfroe would be unfairly deprived of its justly won award against the Defendants. (emphasis added)
Whether or not Scruggs prevails on his appeal.of the civil contempt sanctions, the Defendants’ obligation to pay 100% of the sanction is final. Defendants’ payment of the sanctions in full is due and owing without conditions on July 24, 2008. That is today. Scruggs’ conditional release of the deposited funds while preserving the option to take the money back at some future date does not satisfy the judgment against the Defendants.
The judgment as to the Defendants would only be satisfied if Scruggs releases the deposited funds to Renfroe today without any conditions or strings attached. (emphasis added)
Sounds like Jana had her purse and was headed to the mall just as soon as she stopped by Judge Acker’s to pick up her check. Whatever. Here’s the Order he issued following the Renfroe response.
…The motion filed today by non-parties, Richard F. Scruggs and The Scruggs Law Firm, P.A., to release security and to satisfy the contempt judgment is hereby SET for oral hearing before the undersigned at 10:00 a.m., on July 28, 2008.
In the meantime, this court’s order entered on July 10, 2008, giving defendants, Cori Rigsby and Kerri Rigsby, until today to pay the judgment without its non-payment being a factor in considering their motions for summary judgment, is AMENDED to extend their time to satisfy the judgment until one day after this court rules on the pending motion of the non-parties…
From what I gather reading around, the opinion in the blogosphere is that appeal filed by Scruggs only addresses his liability and not the “joint and several” liability of the Rigsby sisters.
How could that be given there are 67 documents in the record on appeal? Somehow that suggests there’s a lot more at stake here than $65,000 – but, I’m not a lawyer so maybe so, maybe not.