| C4-86-32 |
Minn. Ct. App. |
1986-07-22 |
Denied
|
Marriage of Tatro v. Tatro
|
|
… enate the children from the other parent. Appellant moved to find respondent in civil contempt for failure to abide by the terms of the decree by (1) moving onto the premises and alienating the children from appellant; (2) failing to provid …
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| C3-86-152 |
Minn. Ct. App. |
1986-07-22 |
Granted
|
Marriage of Looyen v. Martinson
|
|
… and denying appellant’s motion for an order holding respondent in constructive civil contempt. We affirm. FACTS The marriage of the parties was dissolved on July 26, 1972. The decree granted custody of the three minor children to appellant …
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| C7-84-1770 |
Minn. |
1986-04-11 |
Denied
|
Marriage of Erickson v. Erickson
|
|
… udgment had not been entered on the modification order and initial constructive civil contempt orders are not appealable. It found no compelling reason to grant discretionary review. An amended judgment and decree was entered on August 28, …
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| CX-84-77 |
Minn. |
1986-03-21 |
Affirmed
|
Marriage of Tell v. Tell
|
|
… yments are forgiven. We established, in Hopp , requirements for the issuance of civil contempt orders. The issuing court must have jurisdiction of the subject matter and person; must clearly define the acts to be performed by a party; must …
|
| C8-85-1173 |
Minn. Ct. App. |
1986-02-18 |
Dismissed
|
Westgor v. Grimm
|
|
… warding respondent Wayne Westgor $5,000 as a “penalty” for Grimm’s constructive civil contempt and $2,500 for attorney’s fees incurred in prosecuting the contempt proceedings. We reverse and remand. FACTS In 1976 Wayne Westgor, a minority s …
|
| C5-85-644 |
Minn. Ct. App. |
1985-12-10 |
Denied
|
Emery Air Freight Corp. v. Local 544, International Brotherhood of Teamsters
|
|
… The contempt of court trial was held in July 1983 on the issue of constructive civil contempt, and the damages issue was held in January 1984. The trial court found the union in constructive civil contempt because it had engaged in unfair …
|
| C7-85-726 |
Minn. Ct. App. |
1985-12-10 |
Denied
|
Meier v. Connelly
|
|
… h the terms of the original judgment and decree and finding him in constructive civil contempt of court. The court transferred temporary custody of Justin to Meier, and ordered a custody study by Stearns County Social Services. Four days af …
|
| C9-85-968 |
Minn. Ct. App. |
1985-11-26 |
Dismissed
|
Eichinger v. Wicker Enterprises, Inc.
|
|
… it has no personal knowledge * * *.” Minn.Stat. § 588.01, subd. 3 (1984). In a civil contempt proceeding a hearing must be conducted upon due notice, and the party charged with non-performance must be given an opportunity at such hearing t …
|
| C1-85-561, C0-85-1281 |
Minn. Ct. App. |
1985-11-19 |
Denied
|
Fritz v. Fritz
|
|
… pay future royalties in accordance with a contract is an insufficient basis for civil contempt proceedings under Minn.Stat. § 588.01, subd. 3(3). Id. The Minnesota Supreme Court has held that contracts for support: are sui generis, 1 and th …
|
| C3-85-772 |
Minn. Ct. App. |
1985-11-12 |
Denied
|
STATE EX REL, SAUER v. Hellesvig
|
|
… e trial court issued an order to show cause why Hellesvig should not be held in civil contempt and have the child support payments withheld from his wages. Hellesvig responded by moving the court for an order that would declare Minn.Stat. § …
|
| C7-84-1770 |
Minn. Ct. App. |
1985-07-24 |
Granted
|
Marriage of Erickson v. Erickson
|
|
… nnesota Supreme Court has held: Because of the limited and essential purpose of civil contempt proceedings, particularly in divorce cases where alimony and support are ordered, we must recognize here a measure of .authority and discretion i …
|
| CX-84-1648 |
Minn. Ct. App. |
1985-06-25 |
Granted
|
Marriage of Henry v. Henry
|
|
… verse on the issue of failure to determine indigency before proceeding with the civil contempt hearing, this decision does not affect the trial court’s independent determinations regarding attorney fees and child arrearages. The latter issu …
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| C4-84-1127, C0-84-2209 |
Minn. Ct. App. |
1985-06-18 |
Denied
|
Marriage of Holznagel v. Holznagel
|
|
… d. Lucille Holznagel subsequently moved to hold Wayne Holznagel in constructive civil contempt for failing to deliver the horse and for failing to hold her harmless from separately incurred debts. The trial court denied the contempt motion …
|
| C9-84-2113 |
Minn. Ct. App. |
1985-06-11 |
Granted
|
Marriage of Ronay v. Ronay
|
|
… nd obtain two part-time college teaching positions. Robert also argues that the civil contempt proceeding was transformed into criminal contempt by the court’s failure to explicitly find an ability to pay the child support ordered. See Hopp …
|
| CX-84-2041 |
Minn. Ct. App. |
1985-05-07 |
Granted
|
Marriage of Stangel v. Stangel
|
|
… , Judge. Appellant alleges the trial court erred in finding him in constructive civil contempt for failing to meet his obligation to support his two minor children, in entering judgment against him for the amount of the arrearages, and in i …
|
| No. C5-84-1962 |
Minn. Ct. App. |
1985-04-09 |
Granted
|
Carstedt v. Grindeland
|
|
… y, we hold that the November 10 order is an insufficient basis for constructive civil contempt proceedings. Although Carstedt may have contract or other causes of action against the respondents, he must sue them directly for his damages ins …
|
| C5-84-2030 |
Minn. Ct. App. |
1985-04-05 |
Denied
|
Nyflot v. Commissioner of Public Safety
|
|
… 401 (Minn.1984), the court established the right to counsel for persons facing civil contempt for failure to pay child support when incarceration is a real possibility. Id. at 403 . We are aware that our decision is in conflict with decisi …
|
| C3-84-597 |
Minn. Ct. App. |
1984-11-06 |
Reversed
|
NICOLLET COUNTY ON BEHALF OF BLOCK v. Havron
|
|
… vides: Subd. 3. Willful failure to obey the judgment or order of the court is a civil contempt of the court. All remedies for the enforcement of judgments apply including those available under sections 518.41 to 518.53 and 256.872 to 256.87 …
|
| C3-84-390 |
Minn. Ct. App. |
1984-10-23 |
Affirmed
|
Barth v. Barth
|
|
… st wife. Barth claims he is indigent and entitled to court-appointed counsel in civil contempt proceedings. He also contends he is entitled to a rehearing on the two judgments. We affirm the judgments and reverse the contempt order. FACTS B …
|
| C5-83-1255 |
Minn. |
1984-10-05 |
Denied
|
Cox v. Slama
|
|
… hether the state is required to provide counsel for an indigent person facing a civil contempt charge for failing to make child support payments. We answer the question in the affirmative. Both the United States and the Minnesota Constituti …
|
| CX-83-1767 |
Minn. Ct. App. |
1983-12-07 |
Stayed
|
Hancock-Nelson Mercantile Co. v. Weisman
|
|
… the Minnesota Supreme Court outlined the specificity required for a finding of civil contempt: In addressing the limits on a trial judge’s exercise of civil contempt powers, we stated that one essential prerequisite is that the prior decre …
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| C7-81-894, C0-81-1188 |
Minn. |
1983-04-15 |
Granted
|
Electro-Craft Corp. v. Controlled Motion, Inc.
|
|
… ter April 16, 1981. On July 9,1981, Judge Arthur issued an order holding CMI in civil contempt for violating the temporary injunction. CMI was ordered to pay ECC $50.00 damages for each offending motor which CMI had sold since April 16, 198 …
|
| 50539 |
Minn. |
1981-11-06 |
Reversed
|
State v. Hansen
|
|
… n Mrs. Fischer refused to testify, despite a grant of immunity and a subsequent civil contempt order, defendant was not obligated to call her to the stand to demonstrate her unavailability, since it had already been established by the prose …
|
| 51160 |
Minn. |
1981-02-13 |
Affirmed
|
State Ex Rel. Minnesota State Ethical Practices Board v. Red Lake DFL Committee
|
|
… an order of the district court holding it and its president, Roger Jourdain, in civil contempt for their failure to comply with an earlier order directing that the Committee register with the State Ethical Practices Board as a political com …
|
| 50619-50623 |
Minn. |
1980-06-20 |
Dismissed
|
State Ex Rel. L.E.A. v. Hammergren
|
|
… 976), the Alaska Supreme Court noted: Before a party may be held in criminal or civil contempt for failure to abide by a court order, certain elements must be established: (1) the existence of a valid order directing the alleged contemnor t …
|
| 49909 |
Minn. |
1980-05-30 |
Granted
|
Marriage of Lappi v. Lappi
|
|
… on can attempt to enforce a dissolution decree by either bringing an action for civil contempt or bringing an independent action. See, Weinand v. Weinand, 286 Minn. 303 , 175 N.W.2d 506 (1970), which distinguishes the two; Cummins v. Redman …
|
| 45539 |
Minn. |
1976-12-17 |
Granted
|
Minnesota State Bar Ass'n v. Divorce Assistance Ass'n
|
|
… t disrespectful or contumacious conduct and in vindication of public authority. Civil contempt, in contrast, is failing to obey a court order in favor of the opposing party in a civil proceeding. The sanction is inflicted primarily as induc …
|
| 46784 |
Minn. |
1976-08-06 |
Affirmed
|
In Re Welfare of R. L. W.
|
|
… ther proceedings consistent with this opinion. 1 Criminal contempt differs from civil contempt in that the purpose of the latter is to coerce performance by the contemnor so as: to effectuate a remedy given to a private party, whereas crimi …
|
| 46246 |
Minn. |
1976-07-23 |
Affirmed
|
Mr. Steak, Inc. v. Sandquist Steaks, Inc.
|
|
… er denying its motion to hold defendant, its former franchisee, in constructive civil contempt of court for alleged intentional violations of the terms of a settlement stipulation dismissing the parties’ pending lawsuit and dissolving their …
|
| 44962 |
Minn. |
1975-06-06 |
Reversed
|
Peterson v. Peterson
|
|
… on of alimony and cancellation of arrearages, finding defendant in constructive civil contempt for failure to pay alimony, and sequestering funds for the payment of future alimony. The parties were divorced January 25, 1968. Division of pro …
|
| 45134 |
Minn. |
1975-05-30 |
Affirmed
|
Lenzmeier v. Lenzmeier
|
|
… involving divorce, annulment or separate maintenance, including proceedings for civil contempt for violations of orders issued in such proceedings. In addition, he shall hear and determine paternity actions, reciprocal enforcement of suppor …
|
| 45161 |
Minn. |
1975-04-18 |
Granted
|
PRODUCTION CRED. ASS'N OF REDWOOD FALLS v. Good
|
|
… of the District Court, Meeker County, finding defendant Michael Good in direct civil contempt of court and sentencing him to serve 6 months in the Meeker County jail. The contempt order arises out of defendant’s refusal to answer certain q …
|
| 45059 |
Minn. |
1975-04-18 |
Denied
|
Hampton v. Hampton
|
|
… hment, attachment or execution, and finally because the extraordinary remedy of civil contempt should not be extended needlessly, the majority rule will be followed in the case at bar as being the most reasonable construction of our statute …
|
| 41706 |
Minn. |
1970-03-13 |
Affirmed
|
Weinand v. Weinand
|
|
… In Hopp v. Hopp, 279 Minn. 170 , 156 N. W. (2d) 212 , this court stated that in civil contempt proceedings the trial court could not order defendant to work at a specific job or to conduct his business in-a specific manner. But we did recog …
|
| 41572 |
Minn. |
1969-05-16 |
Affirmed
|
State v. Fuerst
|
|
… for the infant’s benefit. Between that time and July 1, 1968, he paid only $15. Civil contempt proceedings were instituted. Defendant filed an affidavit with respect to his income and expenses during this interval, claiming that he was unab …
|
| 40400 |
Minn. |
1968-03-29 |
Affirmed
|
Davis v. Davis
|
|
… begins) is within the power of the district court in the proper exercise of its civil contempt authority. Because defendant appeared generally and testified in the contempt proceedings, we are now concerned principally with those aspects of …
|
| 40793 |
Minn. |
1968-03-22 |
Denied
|
Noltimier v. Noltimier
|
|
… lying two recent significant decisions of this court relating to the subject of civil contempt in divorce actions. Hopp v. Hopp, 279 Minn. 170 , 156 N. W. (2d) 212 ; Cozik v. Cozik, 278 Minn. 517 , 155 N. W. (2d) 471 . …
|
| 40491 |
Minn. |
1968-01-26 |
Dismissed
|
Hopp v. Hopp
|
|
… rial court’s function. The process by which this power is exercised is termed a civil contempt proceeding. The distinctive quality of a civil, as distinguished from a criminal, contempt is that of purpose. In exercising civil contempt power …
|
| 39893 |
Minn. |
1967-10-27 |
Denied
|
Peterson v. Peterson
|
|
… n attorney for the state. Different considerations apply in cases of direct and civil contempt. *282 Our decision here is limited to cases of indirect contempt where criminal sanctions are to be imposed. It is not necessary to consider othe …
|
| 40367, 40370 |
Minn. |
1967-10-27 |
Denied
|
Knajdek v. West
|
|
… roval of the settlement certainly could have been the basis for a conviction of civil contempt. But the record leaves no doubt that the purpose behind the conviction was penal, not remedial, and the object was to punish for contumacious dis …
|
| 38,636 |
Minn. |
1963-04-05 |
Granted
|
Zieman v. Zieman
|
|
… iff in securing payment and, as such, must be tested by the rules that apply to civil contempt proceedings. 5 Apart from this, punishment for criminal contempt based on the theory that defendant so intimidated his wife *194 as to interfere …
|
| 37,060 |
Minn. |
1957-07-26 |
Stayed
|
Clausen v. Clausen
|
|
… stinction should be drawn between civil and criminal contempt and that, where a civil contempt is involved, action such as was taken by the district court in the case at bar is proper, citing State ex rel. Hurd v. Willis, 61 Minn. 120 , 63 …
|
| No. 35,626 |
Minn. |
1952-05-02 |
Granted
|
French v. French
|
|
… rel. Hurd v. Willis, 61 Minn. 120, 123 , 63 N. W. 169, 170 (a person cited for civil contempt could not be convicted for criminal contempt); Richardson *446 v. Richardson, 218 Minn. 42 , 15 N. W. (2d) 127 , 154 A. L. R. 526 (on order to sh …
|
| 35,317 |
Minn. |
1951-07-06 |
Affirmed
|
Gardner v. Conway
|
|
… eatedly held that a conviction for a criminal contempt, as distinguished from a civil contempt, is not appealable, but must be reviewed by certiorari. *474 Swift & Co. v. United Packing House Workers, 228 Minn. 571 , 37 N. W. (2d) 831 , …
|
| No. 34,885. |
Minn. |
1949-05-27 |
Denied
|
Swift & Co. v. United Packing House Workers of America
|
|
… repare the facts necessary to be proved in order to substantiate its charge for civil contempt; defendant made no objection to that motion, and the case then proceeded to trial on that aspect of the case. The trial court denied plaintiff’s …
|
| Nos. 33,380, 33,384. |
Minn. |
1943-01-02 |
Granted
|
Paulson v. Johnson
|
|
… ing the one adjudged in contempt to deliver property in his possession, it is a civil contempt reviewable by appeal.” Proper v. Proper, 188 Minn. 15, 16 , 246 N. W. 481 . The attempted appeal must be dismissed. Campbell v. Motion P. M. Oper …
|
| Nos. 32,818, 32,846. |
Minn. |
1941-05-23 |
Affirmed
|
Dahl v. Dahl
|
|
… to the county jail for 30 days as punishment therefor. This proceeding was for civil contempt. It was instituted for the plaintiff’s benefit to compel payment of the allowances which had been awarded to her. The punishment was remedial, si …
|
| No. 30,036. |
Minn. |
1934-10-19 |
Reversed
|
State v. Strong
|
|
… 728 . In Laff v. Laff, 161 Minn. 122, 124 , 200 N. W. 936, 937 , it was said: “Civil contempt proceedings may not be used to compel a party to do that which is beyond his ability. It is only when it is yet within the power of the person to …
|
| No. 29,356. |
Minn. |
1933-08-11 |
Reversed
|
Newell v. Newell
|
|
… ld be a losing proposition for him to ’continue the payments thereon. This is a civil contempt to redress a damage to plaintiff. We see no way in which she could suffer damage through defendant’s failure to comply with paragraph VII of the …
|
| Nos. 29,044, 29,052. |
Minn. |
1933-01-20 |
Dismissed
|
Proper v. Proper
|
|
… ing the one adjudged in contempt to deliver property in his possession, it is a civil contempt reviewable by appeal. 1 Dunnell, Minn. Dig. (2 ed. Supp.) §§ 1702-1708a. The relator was not a party to the action hereafter mentioned, …
|