| C9-03-128, C0-03-129 |
Minn. |
2004-09-02 |
Granted
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Westrom v. Minnesota Department of Labor & Industry
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… rder becomes final, and “violation of that order shall be enforceable by way of civil contempt proceedings in district court.” Minn.Stat. § 176.181, subd. 3(b) (2002). If the employer files a timely objection, the commissioner has to “refer …
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| C4-03-229 |
Minn. Ct. App. |
2003-11-18 |
Modified
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State v. Nelson
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… ost-of-living adjustments. In December 1995, the district court found Nelson in civil contempt for failure to divulge information on his current income and assets. The court ordered Nelson to remain in custody until he paid $2,000 toward hi …
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| C9-03-128, C0-03-129 |
Minn. Ct. App. |
2003-08-11 |
Dismissed
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Westrom v. Minnesota Department of Labor & Industry
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… t to further review, and violation of that order shall be enforceable by way of civil contempt proceedings in district court. If the commissioner does receive timely objection, the commissioner shall refer the matter to the office of admini …
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| C2-01-94 |
Minn. Ct. App. |
2001-07-31 |
Denied
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In Re Marriage of Crockarell
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… statutory authority to enforce maintenance and child-support obligations using civil contempt proceedings. Engelby v. Engelby, 479 N.W.2d 424, 426 (Minn.App.1992). A child-support order constitutes prima facie evidence that the obligor has …
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| No. C2-01-94 |
Minn. Ct. App. |
2001-07-31 |
Denied
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Ramsey County v. Crockarell
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… statutory authority to enforce maintenance and child-support obligations using civil contempt proceedings. Engelby v. Engelby, 479 N.W.2d 424, 426 (Minn.App.1992). A child-support order constitutes prima facie evidence that the obligor has …
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| C7-99-1272 |
Minn. Ct. App. |
2000-03-14 |
Denied
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In Re Conservatorship of Malecha
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| CX-99-1217 |
Minn. Ct. App. |
1999-12-21 |
Stayed
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In Re Conservatorship of Gobernatz
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|
… OPINION RANDALL, Judge. The district court found Dardanella Luke in civil contempt for refusing to return the proceeds of a certificate of depos *359 it. Luke appeals and argues the district court did not have jurisdiction over these procee …
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| C6-99-419 |
Minn. Ct. App. |
1999-10-12 |
Denied
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Marriage of LeRoy v. LeRoy
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… es of $1,639. After a hearing, the district court found husband in constructive civil contempt for having voluntarily terminated his employment in bad faith and having failed to meet his spousal maintenance obligation. The December 1997 dis …
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| No. C3-98-1016 |
Minn. Ct. App. |
1998-11-24 |
Denied
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Search Warrant of Columbia Heights v. Rozman
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|
… l is from an order finding appellant Bennie Rozman, d/b/a Lynde Investments, in civil contempt for failing to comply with orders requiring him to provide structural access to housing inspectors for respondent Columbia Heights (City) who wer …
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| C6-98-376 |
Minn. Ct. App. |
1998-09-29 |
Affirmed in part, reversed in part, and remanded
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Marriage of Schubel v. Schubel
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… l challenges an order revoking a stay of incarceration ordered after an earlier civil contempt adjudication, contending that he made an adequate showing of excuse for failing to make required payments and that the court erred in setting pur …
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| C9-96-2392 |
Minn. |
1998-07-30 |
Granted
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In Re Petition for Disciplinary Action Against Giberson
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|
… attorney fees in the judgment and decree. After his ex-wife filed a motion for civil contempt for failure to make payments ordered by the court, the respondent made a partial payment to avoid a finding of contempt. He then made no further …
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| CX-97-2170 |
Minn. Ct. App. |
1998-06-16 |
Stayed
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Estate of Stollmeyer v. May
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… OPINION RANDALL, Judge. Appellant challenges the district court’s civil contempt judgment against him, asserting that he properly invoked his Fifth Amendment privilege. We reverse. FACTS Appellant George May is the former executor of the es …
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| C6-97-1680 |
Minn. Ct. App. |
1998-03-03 |
Stayed
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Marriage of Walker v. Walker
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… other. Consequently, the Swift County attorney filed a motion to find father in civil contempt of court for failing to comply with the child support order to make payments to the county. In response, father filed a motion challenging the co …
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| C6-95-542 |
Minn. |
1996-11-21 |
Affirmed
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State v. Martin
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|
… the witness’s future compliance, we have traditionally regarded the contempt as civil contempt. Minnesota State Bar Ass’n, 311 Minn. at 285 , 248 N.W.2d at 741 . On the other hand, when the court acts to preserve its authority by punishing …
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| C9-96-30 |
Minn. |
1996-11-21 |
Granted
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State v. Tatum
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… writ of prohibition, concluding that the judiciary’s inherent power to punish a civil contempt is not limited by statute, but that the legislature can and has prescribed the appropriate punishment for criminal offenses. Section 588.20 lists …
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| C4-95-863 |
Minn. |
1996-07-11 |
Stayed
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Mower County Human Services Ex Rel. Swancutt v. Swancutt
|
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… provide sufficient income to enable him to pay his court ordered child support. Civil contempt sanctions are intended to operate in a prospective manner and are “designed to compel future compliance with a court order,” International Union, …
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| C2-95-1736 |
Minn. Ct. App. |
1996-01-30 |
Granted
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In Re the Welfare of K.E.H.
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… ng the contempt sentence immediately. ISSUES I. Is K.E.H. guilty of criminal or civil contempt? II. Is the contempt direct or constructive? III. Did the juvenile court err in staying K.E.H.’s originally imposed juvenile court disposition an …
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| C5-95-189, C1-95-190, C3-95-420 and C6-95-1044 |
Minn. Ct. App. |
1996-01-16 |
Granted
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Wenzel v. Mathies
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… voluntarily or involuntarily, for examination before being held in constructive civil contempt. Minn.Stat. § 588.09 (1994); Clausen v. Clausen, 250 Minn. 293, 297 , 84 N.W.2d 675, 679 (1957); Westgor v. Grimm, 381 N.W.2d 877, 879-80 (Minn.A …
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| C6-95-606 |
Minn. Ct. App. |
1995-09-05 |
Denied
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State v. Spilde
|
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… dial purpose and is not solely punitive. In an analogous area, the purpose of a civil contempt order is to eoerc[e] compliance with an order through imposition of a sanction of indefinite duration, to be lifted upon compliance. State v. Gar …
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| Nos. C3-92-2167, C5-92-2168 |
Minn. Ct. App. |
1993-06-29 |
Granted
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In re Braun
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… motion requesting that some protestors, including Braun and Gibson, be held in civil contempt for violating the TRO. The clinic submitted affidavits, with attached photos showing alleged violations, in support of the motion. At the motion …
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| No. CX-92-433 |
Minn. Ct. App. |
1992-11-17 |
Granted
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Marriage of Meyer v. Meyer
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… me and until it was sold. The husband twice moved for a finding of constructive civil contempt because appellant failed to make repairs. Appellant argued that she was financially unable to pay for the repairs. (She was a recipient of Aid to …
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| C2-91-1937 |
Minn. |
1992-08-28 |
Granted
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State v. Lefthand
|
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… . Minn. Const, art. I, § 6. 5 . We have also established a right to counsel in civil contempt and paternity proceedings. Cox v. Slama, 355 N.W.2d 401, 403 (Minn.1984); Hepfel v. Bashaw, 279 N.W.2d 342, 348 (Minn.1979). 6 .We are also somew …
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| C0-91-1872 |
Minn. Ct. App. |
1992-03-24 |
Modified
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River Towers Ass'n v. McCarthy
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… UNDSON, Judge. Appellant Daniel McCarthy appeals from a judgment finding him in civil contempt and permanently enjoining him from speaking to River Towers Association officials and security guards except in emergencies or through certain ch …
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| C4-91-921 |
Minn. Ct. App. |
1992-02-18 |
Stayed
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State v. Garcia
|
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… 278 Minn. at 285-86 , 153 N.W.2d at 847-48 . On the other hand, the purpose of civil contempt is to vindicate the rights of an opposing party by coercing compliance with an order through imposition of a sanction of indefinite duration, to …
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| C6-91-1505 |
Minn. Ct. App. |
1992-02-04 |
Reversed
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In Re Contempt of Armentrout
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… ged misconduct, rather than the nature of the misconduct itself. The purpose of civil contempt is to coerce future compliance by imposition of a sanction of indefinite duration terminable on compliance or inability to comply. Criminal conte …
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| C8-91-1392 |
Minn. Ct. App. |
1992-01-07 |
Denied
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In Re the Marriage of Engelby v. Engelby
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… for his refusal to submit to examination under Minn.R.Civ.P. 43.02? ANALYSIS 1. Civil contempt proceedings are designed to induce future performance of a valid court order, not to punish for past failure to perform. Minnesota State Bar Ass’ …
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| C0-91-57 |
Minn. Ct. App. |
1991-07-09 |
Modified
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Marriage of Schneider v. Schneider
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… th. See Hopp v. Hopp, 279 Minn. 170, 175-77 , 156 N.W.2d 212, 217-18 (1968) (in civil contempt proceeding brought for failure to pay child support, obligor must show reasons for failure to comply). Similarly, when an obligor seeks to modify …
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| C7-90-1633 |
Minn. |
1991-05-24 |
Denied
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Petition of Noske
|
|
… t. State v. Moorhouse, No. CIV-6-84-853 (D.Minn. Feb. 18, 1986) (order granting civil contempt motion); Xemas, Inc. v. United States, 689 F.Supp. 917, 921 (D.Minn.1988), aff'd, 889 F.2d 1091 (8th Cir.1989), cert. denied, — U.S. -, 110 S.Ct. …
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| C8-90-1513 |
Minn. Ct. App. |
1991-03-19 |
Reversed
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In Re the Welfare of E.J.B.
|
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… ged misconduct, rather than the nature of the misconduct itself. The purpose of civil contempt is to coerce future compliance by imposition of a sanction of indefinite duration terminable on compliance or inability to comply. In re Welfare …
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| C6-90-201 |
Minn. Ct. App. |
1990-07-03 |
Granted
|
Finch v. Marusich
|
|
… thin its discretion and the situation is analogous to a finding of constructive civil contempt. The trial court’s authority to modify an order for support is limited to the circumstances stated in Minn.Stat. § 518.64, subd. 2 (1988). The co …
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| C1-89-1797 |
Minn. Ct. App. |
1990-05-01 |
Reversed
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State v. Andrasko
|
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… jahn is distinguishable. The court in Wojahn effectively jailed defendant for a civil contempt. The purpose of the incarceration was remedial, aimed at vindicating the rights of the parties to civil litigation. It was an ongoing contempt th …
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| C3-89-1008 |
Minn. Ct. App. |
1989-12-12 |
Remanded
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Marriage of Mahady v. Mahady
|
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… judgment for respondent in the amount of $6154, found appellant in constructive civil contempt, and imposed a 30-day incarceration sentence. The sentence was to begin in 30 days unless appellant paid 50 percent of the arrearages ($3077) wit …
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| C0-89-1838 |
Minn. Ct. App. |
1989-11-07 |
Denied
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State v. Johnson
|
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… s ordered release pending appeal on an emergency basis, but in an appeal from a civil contempt order. Brussel v. United States, *607 396 U.S. 1229, 1231 , 90 S.Ct. 2, 3 , 24 L.Ed.2d 53 (1969). A jailing for contempt, which may arise abruptl …
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| C4-88-1914 |
Minn. |
1989-07-07 |
Reversed
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In Re Disciplinary Action Against Ruhland
|
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… he pendency of this appeal, Ms. Larson moved to find Mr. Larson in constructive civil contempt for failure to pay the increased amount of child support. Judge Johnson found Mr. Larson in contempt, but allowed him to stay contempt proceeding …
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| C4-88-2190 |
Minn. Ct. App. |
1989-04-25 |
Modified
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Marriage of Videen v. Peters
|
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… ligations and to let his children’s health insurance coverage lapse constituted civil contempt of court. The purpose of the contempt power is to provide the trial court with the means to enforce its orders. See Erickson v. Erickson, 385 N.W …
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| C4-88-2173, C5-88-2456 |
Minn. Ct. App. |
1989-04-11 |
Granted
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Marriage of Warwick v. Warwick
|
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… y to enforce maintenance and child support obligations by imposing sanctions in civil contempt proceedings”); see also Cox v. Slama, 355 N.W.2d 401, 403-404 (Minn.1984) and Barth v. Barth, 356 N.W.2d 743, 745 (Minn.Ct.App.1984) (parents hel …
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| C4-88-651 |
Minn. Ct. App. |
1988-09-27 |
Modified
|
Marriage of Bruner v. Bruner
|
|
… eptember 1987, appellant Janice Bruner moved for an order holding respondent in civil contempt for failing to comply with the original support order or two subsequent orders to pay arrearages. In a motion filed October 27, 1987, respondent …
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| C2-87-1917 |
Minn. Ct. App. |
1988-05-24 |
Stayed
|
Marriage of Rohrman v. Moore
|
|
… failure to pay his child support obligations and adjudicated him in conditional civil contempt. He was sentenced to spend 60 days in jail, sentence stayed on condition that he pay his child support obligation plus $48 a month in arrearages. …
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| C1-87-791 |
Minn. Ct. App. |
1987-10-27 |
Affirmed
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Marriage of Gustafson v. Gustafson
|
|
… m an order enforcing a previous order which found the appellant in constructive civil contempt for failing to pay child support, maintenance, and attorney fees. We affirm. FACTS Cheryl Gustafson’s and Dale Gustafson’s marriage was dissolved …
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| C0-87-684 |
Minn. Ct. App. |
1987-10-13 |
Granted
|
Marriage of Knutson v. Zenk
|
|
… t-ordered visitation sched *598 ule. Punishment is not the purpose of a court’s civil contempt powers: In exercising civil contempt powers in divorce cases, the only objective is to secure compliance with an order presumed to be reasonable. …
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| C9-87-537 |
Minn. Ct. App. |
1987-10-06 |
Granted
|
Marriage of Mikoda v. Mikoda
|
|
… ourt 2 for an order finding appellant Thomas Henry Mikoda to be in constructive civil contempt of court, interpreting and clarifying the dissolution judgment, amending the dissolution judgment, awarding respondent interest on unpaid sums, a …
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| C6-86-1943 |
Minn. Ct. App. |
1987-07-14 |
Denied
|
Walz v. Walz
|
|
… nesota Supreme Court expressly stated the requirements for a proper exercise of civil contempt powers: (1) subject matter jurisdiction, (2) a clear definition of the acts to be performed, (3) notice of the acts to be performed and time to c …
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| C4-85-1381 |
Minn. |
1987-07-02 |
Affirmed
|
Marriage of Katz v. Katz
|
|
… available. Hampton stands for the proposition that the extraordinary remedy of civil contempt should not be extended needlessly, not that the continuing jurisdiction of the trial court otherwise to enforce or modify a decree according to i …
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| C0-87-166 |
Minn. Ct. App. |
1987-06-23 |
Stayed
|
In Re the Marriage of Nelson
|
|
… WICK, Judge. This appeal is from an order (1) finding appellant in constructive civil contempt of court and sentencing him to jail, and (2) awarding respondent attorney’s fees for prosecuting the contempt. We vacate the portion of the order …
|
| C7-86-1675 |
Minn. Ct. App. |
1987-06-23 |
Remanded
|
In Re the Marriage of Larson
|
|
… nd Loren in contempt for failure to pay. The court- found Loren in constructive civil contempt and sentenced him to 90 days in jail. The court stayed execution, however, and provided Loren the opportunity to purge himself of the contempt up …
|
| No. C7-86-1594 |
Minn. Ct. App. |
1987-03-03 |
Granted
|
State, County of St. Louis ex rel. Anderson v. Philips
|
|
… d forgiveness of arrearages. On July 30, 1984, the trial court found Philips in civil contempt for failure to make regular payments or monthly reports to the Collections Division. Based solely on the alleged agreement of the parties, the or …
|
| C2-86-1292 |
Minn. Ct. App. |
1987-01-20 |
Stayed
|
In Re Welfare of A.W.
|
|
… ged misconduct, rather than the nature of the misconduct itself. The purpose of civil contempt is to coerce future compliance by imposition of a sanction of indefinite duration terminable on compliance or inability to comply. Criminal conte …
|
| C4-86-905 |
Minn. Ct. App. |
1986-12-16 |
Granted
|
Time-Share Systems, Inc. v. Schmidt
|
|
… contempt. It is a final order and thus properly before this court on appeal. II Civil contempt is defined as the failure to obey a court order which benefits *441 an opposing party m a civil proceeding. The sanction imposed for such failure …
|
| No. CO-86-884 |
Minn. Ct. App. |
1986-10-28 |
Granted
|
Volkman v. Volkman
|
|
… truction business. In October 1985 Laurie asked the court to adjudge Richard in civil contempt for nonpayment of child support and reduce to judgment delinquent child support payments amounting to $3,544.96 through December 1985. Richard fi …
|
| C9-86-351 |
Minn. Ct. App. |
1986-08-19 |
Dismissed
|
State Ex Rel. Johnson v. Sports & Health Club, Inc.
|
|
… roper because they did not have proper notice. In order to impose a penalty for civil contempt for failure to comply with a court’s order the order itself must clearly define the action a party must or must not take. See Hopp v. Hopp, 279 M …
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