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PIRKLE v. PIRKLE12/19/1990
e clerk of court may issue a bench warrant upon receipt of an affidavit from counsel showing non-compliance with the order. The court may provide the clerk with authority to issue a rule to show cause. However, the court, not the clerk, should determine whether Mr. Pirkle is in contempt of court and either issue or direct the clerk to issue the bench warrant for his arrest. We remand this matter for further consideration in keeping with our reversal of this issue.
The decision of the family court is affirmed in part, reversed in part, and remanded for the reasons specified in this opinion.
Affirmed in part, reversed in part, and remanded.
SHAW and BELL, JJ., concur.
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