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MUNDLEIN v. MUNDLEIN

No. 22871.

676 N.W.2d 819 (2004)

2004 SD 25

Judy MUNDLEIN, Plaintiff and Appellant, v. Jerry MUNDLEIN, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 25, 2004.

Attorney(s) appearing for the Case

Rick Johnson, Sandy Steffen of Johnson, Eklund, Nicholson & Peterson, Gregory, for plaintiff and appellant.

Thomas M. Issenhuth of Arneson, Issenhuth & Parent, Madison, for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Judy Mundlein (Judy) appeals a decision of a circuit court finding her in contempt of court for failing to pay credit card debt as required by a divorce decree. Because the circuit court made no findings concerning Judy's ability to actually pay the debt, we reverse and remand.

FACTS AND PROCEDURE

[¶ 2.] On June 23, 2000, Judy and Jerry Mundlein obtained a final decree of divorce. Pursuant to the decree...

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