MELTON, Justice.
In January 2009, before Henry Cook's term as chairman of the Randolph County
Based on actions taken by Cook and Bobby Jenkins, the superintendent of the Board, to prevent certain items from being placed on the agenda or voted on by members of the Board at a subsequent Board meeting, on July 20, 2009, the Board members moved to have Cook held in contempt for violating the terms of the June 16 order. The Board also made a separate motion to have Jenkins held in contempt. Following a joint contempt hearing involving both Cook and Jenkins, both men were found in contempt for violating the June 16 order, and Cook was ordered to spend four days in jail. Before beginning his four-day sentence, however, Cook filed a notice of appeal and a motion for supersedeas. Although the trial court initially denied the motion for supersedeas, it then granted the motion, and on August 4, 2009, the Court of Appeals dismissed as moot Cook's petition for a writ of supersedeas. On August 27, 2009, the Board members filed a motion to vacate the trial court's June 16 order, and, following a joint contempt hearing, the trial court entered an order finding that (1) Cook had no vested property right in the position of chairman of the Board, (2) H.B. 563 was constitutional, and (3) the previously entered injunction of June 16, 2009 would be lifted.
On appeal, Cook contends, primarily, that the trial court erred in holding him in contempt for violating the terms of the June 16, 2009 order; and that the trial court erred in concluding that H.B. 563 was constitutional as applied to him. For the reasons set forth below, we hold that the trial court did not abuse its discretion by holding Cook in contempt, but the trial court did err in concluding that H.B. 563 was constitutional as applied to Cook. We therefore affirm in part and reverse in part.
1. Cook contends that the trial court erred by failing to make sufficient findings of fact and conclusions of law in its June 16, 2009 order. However, after the trial court entered its order, Cook failed to
(Footnote omitted.) City of East Point v. Jordan, 300 Ga.App. 891, 893(2), 686 S.E.2d 471 (2009). See also OCGA § 9-11-52(c) ("Upon motion made not later than 20 days after entry of judgment, the court may make or amend its findings or make additional findings and may amend the judgment accordingly.. . . [F]ailure of the losing party
2. Citing OCGA § 9-11-42, Cook argues that the trial court erred by conducting, over his specific objection, a joint contempt hearing with superintendent Jenkins to resolve the question whether Cook was in contempt for allegedly violating the terms of the June 16 order. OCGA § 9-11-42(a) provides:
Cook contends that, because he did not consent to the joint hearing, the trial court was not authorized to consolidate his contempt hearing with that of Jenkins. However, as explained more fully below, OCGA § 9-11-42(a) does not apply to contempt proceedings.
By its plain terms, OCGA § 9-11-42(a) applies to actions that are pending before the court, and this Court has consistently interpreted the statute to apply in situations where distinct actions such as separate complaints for damages, declaratory judgment, or specific performance are involved. See Bandy v. Henderson, 284 Ga. 692, 670 S.E.2d 792 (2008) (declaratory judgment petition consolidated with separate action that had previously been filed in superior court); Banks v. Hopson, 275 Ga. 758, 571 S.E.2d 730 (2002) (mother's complaint to determine paternity consolidated with father's separate action for legitimation filed eight months later); Cochran v. Cochran, 269 Ga. 84, 495 S.E.2d 31 (1998) (divorce proceedings consolidated with action for specific performance); Ford v. Uniroyal Goodrich Tire Co., 267 Ga. 226, 476 S.E.2d 565 (1996) (trial court erred in consolidating for trial separate personal injury actions filed by parents and their child where defendant objected to such consolidation).
As this Court has previously held, a motion to hold a party in contempt "is not a new civil action." Richwood & Assocs. v. Osborne, 267 Ga. 89, 475 S.E.2d 606 (1996). Because of this, "many provisions of the Civil Practice Act do not apply [to motions for contempt]." Id. Here, because the filing of a motion for contempt does not constitute the type of separate complaint or "action" that would be subject to the requirements of OCGA § 9-11-42(a), the statute, like many other aspects of the Civil Practice Act, simply has no application here. See Brown v. King, 266 Ga. 890(1), 472 S.E.2d 65 (1996). Accordingly, Cook's enumeration is without merit.
3. Cook claims that the trial court's June 16 order was too indefinite to support a finding of contempt. However, the plain language of the order made clear that the members of the Board had the right to include items on the agenda at Board meetings consistent with the requirements of OCGA § 50-14-1,
5. Cook argues that the trial court erred by finding in its October 5, 2009 order that H.B. 563 is constitutional as applied to him. We agree.
Art. I, Sec. I, Para. X of the Georgia Constitution of 1983 provides that "[n]o bill of attainder, ex post facto law, retroactive law, or laws impairing the obligation of contract or making irrevocable grant of special privileges or immunities shall be passed." A bill of attainder is a "legislative act[ ], no matter what [its] form, that appl[ies] either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial." United States v. Lovett, 328 U.S. 303, 315(II), 66 S.Ct. 1073, 90 L.Ed. 1252 (1946).
Here, prior to the passage of H.B. 563, Cook served as chairman of the Randolph County Board of Education pursuant to the school Board's charter, which adopted the requirements of OCGA § 20-2-57. OCGA § 20-2-57(a) provides:
(Emphasis supplied.) Further, the school Board policies that were in place in 2006 when the people re-elected Cook to a four-year term on the Randolph County Board of Education made clear that:
(Emphasis supplied.) Consistent with the requirements of OCGA § 20-2-57 and local Board policy, Cook's term as a Board member, and by extension as chairman, was not set to expire until December 31, 2010.
H.B. 563, which was passed almost two years before Cook's term on the Board was set to expire, provides in relevant part that
Thus, if H.B. 563 were employed to remove Cook from his position as chairman, such a feat would be accomplished only by cutting short Cook's four-year term as chairman that had previously been established by statute and local Board policy. Accordingly, as the only chairman who was currently serving a term that would be cut short by the application of H.B. 563, the statute would be an impermissible bill of attainder as applied to Cook if it applied to him "in such a way as to inflict punishment on [him] without a judicial trial." Lovett, supra, 328 U.S. at 315(II), 66 S.Ct. 1073. We find that the law does impose such punishment. Here, Cook was serving a four-year term as chairman that was established by law. H.B. 563 would impermissibly "punish[ ] [Cook] by removing [him] from office before the end of the [four]-year term to which [he] was legally [entitled,] and inflict[ ] this punishment without a judicial trial." (Punctuation omitted.) Fulton v. Baker, 261 Ga. 710, 712, 410 S.E.2d 735 (1991). Accordingly, H.B. 563 is an unconstitutional
6. In light of our disposition in Division 5, supra, we need not address Cook's remaining contentions with respect to the trial court's October 5 order.
Judgment affirmed in part and reversed in part.
All the Justices concur.