Billy R. Truman v. Thomas C. Auxier

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Auxier appeals the circuit court's 11/15/05 order finding him in contempt of its 10/18/05 order. The court ordered that Auxier shall have twenty-four hours to remove his fenceposts and wire from Payne Hollow Road or he shall be incarcerated at the Central Regional Jail until such time he has the fenceposts and wire removed from the road. The court also fined Auxier $300 as the amount in attorney's fees and court costs it cost Truman to bring the contempt proceeding. On appeal, Auxier argues that he was not timely served with the notice of hearing on Truman's Motion for Contempt.