After their divorce, Moakley and her husband became involved in a dispute over a note detailing a $310,000 loan they had made. The judge ordered the husband to hand over the note, but neither he nor his attorney said they could find it. Moakley then subpoenaed witnesses about the note, including one of her husband's attorneys, Smallwood. Smallwood persuaded the judge that the subpoena was served for no good reason and received $1,125 as compensation for time spent on the matter. Moakley appealed, but the Third District Court affirmed.