In Re Marriage of Falcone & Fyke

This is one in a series of 10 appeals or writ petitions filed in this court by Kathey Fyke, the respondent in a dissolution matter initiated by her former husband Richard S. Falcone in 2003. In this appeal Kathey challenges orders dismissing her contempt motion against Richard. She also challenges orders imposing a total of $64,500 in sanctions against her for prosecuting the contempt motion without any factual or legal basis and for pursuit of a meritless motion for new trial. We conclude that Kathey has failed to affirmatively demonstrate any error warranting reversal. Accordingly, we shall affirm.

I. Factual and Procedural Background

A. Kathey’s Contempt Motion

The challenged orders all flow from Kathey’s motion charging Richard with contempt for failing to pay the full amount of child and spousal support mandated by a temporary child and spousal support order entered the year before. The temporary support order provided that Richard was to make monthly payments of base child and spousal support and “[a]ny additional income of [Richard’s] over and above $17,000 monthly will be paid to [Kathey] pursuant to a Smith Ostler calculation.” (See In re Marriage of Ostler &…