Arizona Appellate Opinions

Published opinions of the Arizona Supreme Court and Court of Appeals, collated from public records. 85 opinions matched; showing 51–85.

Filtering by: “civil contempt” Full archive · 1930–present Limit to last 10 years Clear ×
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CV-11-0028-PR Ariz. 2011-12-21 Clifford J Ochser v. Gerard funk/anthony Cruz
… ge dissolution proceeding, a Maricopa County Superior Court judge found him in civil contempt for 2 failure to pay child support and issued an arrest warrant. In …
1 CA-SA 11-0026, 1 CA-SA 11-0030, 1 CA-SA 11-0036 Ariz. Ct. App. 2011-07-28 Lund v. Donahoe
… jected his argument and ordered him to answer the question or be held in direct civil contempt. The court also refused Sannes’s request, through counsel, to stay its order to allow Sannes time to seek special action relief. On advice of cou …
1 CA-SA 09-0300 Ariz. Ct. App. 2010-04-06 Stoddard v. Donahoe
… found Maricopa County Detention Officer Adam Stoddard (“Stod-dard”) in indirect civil contempt and ordered him to publicly apologize to defense counsel, Ms. Joanne Cuccia (“Cuecia”), at a news conference or be jailed until he apologized. Ba …
1 CA-SA 09-0260 Ariz. Ct. App. 2009-12-22 Trombi v. Donahoe
… .” In all but one of the eases at issue, Judge Donahoe found Trombi in indirect civil contempt for violating lawful orders to attend the court. In one of the eases, jurors and attorneys in DUI court had twice been made to wait because the d …
1 CA-CV 07-0342 Ariz. Ct. App. 2009-10-27 Hurd v. Hurd
… ssue in his opening brief. "This court lacks jurisdiction over an appeal from a civil contempt adjudication." State ex rel. Dep’t of Econ. Sec. v. Burton, 205 Ariz. 27, 30, ¶ 18 , 66 P.3d 70, 73 (App.2003) (citations omitted). Moreover, at …
2 CA-CV 2008-0028 Ariz. Ct. App. 2009-01-20 Green v. Lisa Frank, Inc.
… cess or mishandle evidence” — presumably a request that the court find Green in civil contempt under § 12-864. The court’s minute entry granting LFI’s motion cited much of the same authority as LFI and ordered sanctions “[a]s a result of Gr …
1 CA-SA 07-0268 Ariz. Ct. App. 2008-02-19 Munari v. Hotham
… el. County of Maricopa, 197 Ariz. 614, 616, ¶ 11 , 5 P.3d 948, 950 (App.2000) (“Civil contempt arises when a party refuses to do an act he lawfully is ordered to do. ... ”) (emphasis added). Because Step-Father was not subject to orders fro …
2 CA-CV 2007-0041 Ariz. Ct. App. 2008-01-28 Catherine E. Warner v. Southwest Desert Images, LLC
… nnot be removed by compliance with the court’s order, the coercive effect of a civil contempt finding will be weakened.”). ¶52 SDI suggests Warner could have avoided the sanction by not filing a lawsuit. The purpose of Rule 68 …
1 CA-CV 05-0835 Ariz. Ct. App. 2007-01-23 Doe v. Arpaio
… e Holt v. Hotham, 197 Ariz. 614, 616, ¶ 11 , 5 P.3d 948, 950 (App.2000)(stating civil contempt arises when a party refuses to perform an act he is lawfully ordered to perform; the power to punish contempt is inherent in the trial court). Th …
1 CA-CV 02-0497 Ariz. Ct. App. 2003-04-10 State Ex Rel. Department of Economic Security v. Burton
… self of such contempt. ¶ 18 This court lacks jurisdiction over an appeal from a civil contempt adjudication. Danielson v. Evans, 201 Ariz. 401, 411, ¶ 35 , 36 P.3d 749, 759 (App.2001); Elia v. Pifer, 194 Ariz. 74, 80, ¶ 30 , 977 P.2d 796, 8 …
2 CA-CV 00-0184 Ariz. Ct. App. 2001-12-18 Danielson v. Evans
… on, we first note that this court lacks such jurisdiction over an appeal from a civil contempt adjudication. See Berry v. Superior Court, 163 Ariz. 507 , 788 P.2d 1258 (App.1989); Pace v. Pace, 128 Ariz. 455 , 626 P.2d 619 (App.1981). In th …
No. 1 CA-SA 00-0109 Ariz. Ct. App. 2000-06-06 Holt v. Hotham
… position, he responded that he would not do so. The court therefore held him in civil contempt and directed him to jail until he purges the contempt by complying with the order. In this special action, Holt requests that the order of civil …
1CA-CV98-0690 Ariz. Ct. App. 1999-09-21 Johnson v. Johnson
… ed in United States v. Powers, 629 F.2d 619, 627 (9th Cir.1980): Punishment for civil contempt is usually considered to be remedial. The penalty is designed to enforce compliance with a court order. For that reason civil contempt punishment …
1 CA-SA 98-0260 Ariz. Ct. App. 1999-05-13 Martin v. Reinstein
… court. . Challenges to "indefinite” confinement have also been rejected in the civil contempt area. See cases cited at 17 C.J.S. Contempt § 93 (1963) ("Imprisonment for civil contempt usually is not for a definite term, but the party in co …
1 CA-CV 90-628 Ariz. Ct. App. 1992-09-17 Brooks v. Consolidated Freightways Corp.
… s benefits not subject to assignment, the superior court issued an order in the civil contempt proceeding filed by Wife. The order indicates that both Wife and Husband were represented and appeared at the show cause hearing, but that Freigh …
CV-90-0407-SA Ariz. 1991-04-23 Tracy v. Superior Court
… er to punish for contempt). We assume that the Navajo court would be limited to civil contempt sanctions, due to its lack of criminal jurisdiction over non-Indians. See Oliphant, 435 U.S. 191 , 98 S.Ct. 1011 . Thus, to the extent that Tracy …
2 CA-CR 90-0775, 2 CA-CR 90-0823 Ariz. Ct. App. 1991-04-16 State v. Mojarro
… following comment to Rule 33.1 notes, criminal contempt is distinguishable from civil contempt on that basis: A person is imprisoned for civil contempt to force compliance with a lawful order of the court; he holds the keys to the jail and …
1 CA-SA 88-273 Ariz. Ct. App. 1989-03-07 Berry v. Superior Court
… ioner Richard S. Berry seeks special action relief from an order holding him in civil contempt for failing to produce financial records at a judgment debtor’s examination, and from a resulting civil body attachment. This court, having sua s …
2 CA-CIV 5578 Ariz. Ct. App. 1986-04-11 Funk v. Ossman
… urt to impose a prospective fine for anticipated wrongdoing absent a finding of civil contempt. As to the first issue raised by appellant, it would appear that at the very least, the doctrine of collateral estoppel applies. Appellant never …
2 CA-SA 0317 Ariz. Ct. App. 1985-12-18 John Doe I v. SUPERIOR CT. IN & FOR PIMA CTY.
… that they persist in refusing to testify. Both sides agree that the purpose of civil contempt is to coerce compliance with the court’s orders, and that incarceration for that purpose is valid only so long as the means exist for the contemn …
17571-PR Ariz. 1984-10-11 Tande v. Bongiovanni
… are enforceable by a proceeding under this article, including a proceeding for civil contempt. The defense that the parties are immune to suit because of their relationship as husband and wife or parent and child is not available to the ob …
16079-SA Ariz. 1982-10-08 Korman v. Strick
… time. “Now as a result I found that he was in contempt. And that is an indirect civil contempt. “In consequence of that I ordered that he serve a term in the County Jail, and did not in my discretion give him the option of purging himself, …
1 CA-CIV 4698 Ariz. Ct. App. 1981-03-19 Pace v. Pace
… osecuting authorities with a criminal offense as well as being the subject of a civil contempt charge. Under that interpretation, a civil contempt proceeding for failure to pay child support remains procedurally within the scope of A.R.S. § …
3058-3 Ariz. 1979-10-15 State v. Verdugo
… ge is not applicable. Appellant next argues that refusal to answer questions is civil contempt, not criminal, and Rule 33, Rules of Criminal Procedure, 17 A.R.S., is not applicable. Rule 33.1 provides that: “Any person who wilfully disobeys …
No. 12638 Ariz. 1976-09-28 Ferrante v. Ferrante
… ed a Motion to Set Aside Judgment Under Rule 60(c) and Response to Petition for Civil Contempt. The motion alleges fraud and the discovery of new evidence as its basis for setting aside the judgment. Apparently a hearing on the 60(c) motion …
No. 1 CA-CIV 2659 Ariz. Ct. App. 1974-04-16 United Farm Workers National Union v. Heggblade - Marguleas - Tenneco, Inc.
… hat a reasonable attorney’s fee may be allowed to the prevailing plaintiff in a civil contempt proceeding. The court finds that $2,000 is a reasonable attorney’s fee in this case.” Finally, appellants’ notice of appeal indicates that they t …
2 CA-CIV 1500 Ariz. Ct. App. 1974-03-28 State Ex Rel. Cordova v. Cordova
… 12-1651(2). The duty to pay ar-rearages is enforceable by a proceeding for *432 civil contempt. A.R.S. § 12-1658. Since the act does not specify that the arrearages must be for minor children, appellant contends that a superior court has th …
2 CA-CR 238 Ariz. Ct. App. 1971-10-07 State v. Cohen
… marks during the course of the trial indicating that he thought he was trying a civil contempt, it is clear that the affidavit of contempt charged the defendants with the crimes of trespassing and disorderly conduct thereby requiring trial …
1 CA-CIV 426 Ariz. Ct. App. 1967-07-24 State v. Spence
… gree. The defendant in the instant case was guilty not of criminal contempt but civil contempt. And the distinction between the two has been stated: “Proceedings for contempt are of two classes—namely, criminal and civil. Criminal contempt …
8796 Ariz. 1966-07-08 Ong Hing v. Thurston
… hich obstructs justice, Van Dyke v. Superior Court, 24 Ariz. 508 , 211 P. 576 ; civil contempt is the disobeyance of a court order directing an act for the benefit or advantage of the opposing party to the litigation,- Van Dyke v. Superior …
1 CA-CR 34 Ariz. Ct. App. 1965-10-05 State v. Betts
… elony information under § 21-232. Mr. Betts faced a Criminal Contempt and not a Civil Contempt. The hearing related to “a serious offense” within the meaning of State v. Anderson, 96 Ariz. 123 , 392 P.2d 784 (1964). While it is true that fo …
8001 Ariz. 1965-01-27 State Farm Insurance Company v. Roberts
… oduce the statement under Rule 45, and a further fine of $100 was assessed as a civil contempt penalty payable to the plaintiffs. With respect to the latter fine, the order does not specify whether the finding in civil contempt was for refu …
Civil No. 3019. Ariz. 1931-10-06 In Re Louie Quan
Civil No. 3019 Ariz. 1931-10-06 Wright v. Quan
Civil No. 2086 Ariz. 1922-12-30 Van Dyke v. Superior Court
… ion of justice or tend to bring the court into disrepute, as distinguished from civil contempts, which consist in failing to do something which the contemnor is ordered by the court to do for the benefit or advantage of another party to the …