Whittle v. Seehusen

748 P.2d 1382, 113 Idaho 852, 1987 Ida. App. LEXIS 453
CourtIdaho Court of Appeals
DecidedOctober 19, 1987
DocketNo. 16394
StatusPublished
Cited by4 cases

This text of 748 P.2d 1382 (Whittle v. Seehusen) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Whittle v. Seehusen, 748 P.2d 1382, 113 Idaho 852, 1987 Ida. App. LEXIS 453 (Idaho Ct. App. 1987).

Opinion

SWANSTROM, Judge.

Donald Seehusen appeals from a district court order finding him in contempt of court. In an earlier action, the court permanently enjoined Seehusen from asserting an interest in certain property adverse to that of the owners. Six years later, Seehusen was charged with, and found guilty of, contempt for violation of that order. He appeals the contempt ruling, alleging that (1) the order to show cause was issued on an insufficient affidavit, depriving the district court of jurisdiction; (2) his actions did not constitute assertion of an interest adverse to the legal owners’; and (3) the final contempt order did not conform to the court’s verbal order, was not timely issued and is unfairly detrimental to Seehusen. In responding to Seehusen’s appeal, the Whittles have raised additional issues, arguing that (1) the contempt citation is not appealable; (2) Seehusen’s partial obedience of the contempt order renders this appeal moot; and (3) Seehusen lacks standing to appeal the contempt order due to failure to appeal an earlier, related order. Both parties request costs and attorney fees on appeal. Based on the following reasoning, we vacate the contempt order and remand the case.

These background facts begin in 1978. Elsie and Eldon Whittle claimed ownership of five mining claims known as the Rock Garden Quarry Numbers 1 through 5 (the “Rock Garden Claims” or simply “the Claims”). Donald Seehusen asserted an interest in the same property as lessee from another party. Seehusen’s lease purported to cover the disputed property plus adjoining acreage. The Whittles filed a quiet title action against Seehusen to settle the conflict. The parties stipulated to a settlement, agreeing that title would be quieted in the Whittles and that Seehusen’s lease would be amended to exclude the Rock Garden Claims but would remain otherwise valid. In a judgment filed April 28, 1978, the district court formalized the settlement and declared that Seehusen was “forever enjoined and debarred from asserting any claim whatsoever in or to said claims, premises and property and any part thereof, adverse to [the Whittles].” (Emphasis added.)

What happened next is disputed. In an affidavit filed at the contempt hearing, Seehusen alleges the following events occurred. Ten days after the court entered its 1978 judgment, the Whittles entered into a contract for the sale of the Rock Garden Claims to Lionel Rodriquez. One week prior to this transaction, Rodriquez purportedly leased the Claims to John Hurley, Jr. for ten years in return for Hurley’s capital contributions. Seehusen contends that Rodriquez purchased the Claims on behalf of a limited partnership in which Seehusen, Rodriquez and Hurley were the limited partners. Seehusen also alleged that he has some interest in the Claims but that his interest is derived from transactions with Rodriquez and Hurley and, therefore, his interest is not “adverse” to the Whittles’ interest. The Whittles produced evidence at the hearing tending to show that in 1979 Seehusen signed and filed for public record certain placer mining location notices which purported, on behalf of Seehusen and Rodriquez, to amend the descriptions and boundaries of the Rock Garden Claims.

In 1985 the Whittles initiated contempt proceedings, alleging that Seehusen’s filings asserted a claim to the Rock Garden Claims in violation of the 1978 court order [855]*855enjoining such conduct. Based upon the Whittles’ motion and an affidavit, the court ordered Seehusen to show cause why he should not be held in contempt of court. A hearing was held. The district court ultimately found Seehusen to be in contempt of the 1978 order. The court ordered Seehusen to execute a deed disclaiming any interest in the property and the court set a deadline of February 21, 1986, after which a fine of $150 per day would be imposed until the deed was executed. This order was not filed until March 3, 1986. Seehusen appealed, contending that the district court was without jurisdiction to issue an order for contempt because the affidavit supporting the Whittles’ motion and order to show cause failed to set forth the requisite elements. He also contends that any claim he has to the property is not adverse to the Whittles and is therefore not in violation of the 1978 order; that the written contempt order was untimely, unfairly prejudicial and not in accordance with the court’s original judgment; and that the court should award him costs and attorney fees on appeal. Because we find the jurisdictional issue dispositive, we need not reach the remaining contentions.

However, before we address Seehusen’s arguments, we will dispose of a number of the Whittles’ assertions. Initially, the Whittles contend that an order of contempt is not appealable. They rely upon a long history of pre-1985 Idaho Supreme Court cases supporting their argument. Historically, judgments of contempt were “appealable” only through a writ of review, and the scope of review under a writ was limited to a determination of whether the lower court had exceeded its jurisdiction. See historical discussion in In re Contempt of Reeves, 112 Idaho 574, 733 P.2d 795 (Ct.App.1987). Over the years, exceptions to the general rule developed to allow the Supreme Court to reach beyond the limited scope of review to correct other errors unrelated to the lower court’s jurisdiction. See, e.g., Mathison v. Felton, 90 Idaho 87, 408 P.2d 457 (1965) (contempt order reviewable for existence of substantial evidence to support order). Finally, the Supreme Court’s position shifted to reflect acknowledgement of the Court’s plenary power under the state constitution to hear appeals of contempt orders in its discretion. See Marks v. Vehlow, 105 Idaho 560, 671 P.2d 473 (1983); Lester v. Lester, 99 Idaho 250, 580 P.2d 853 (1978). By both legislative and Supreme Court action since 1977, the rule has become settled that an appeal may be taken from a judgment of contempt. See In re Contempt of Reeves, supra; I.C. § 13-201; I.C.R. 54(a)(8); I.R. C.P. 83(a)(2); I.A.R. 11(a)(4).

The Whittles next assert that the issues presented in this appeal are moot because of Seehusen’s execution of a deed to the Whittles in compliance with the court’s directive. Seehusen asserts that any compliance resulted from an imposed choice between severe penalties or obedience of the court’s order. This involuntary obedience, he contends, preserved his questions for appeal. We agree.

After finding Seehusen to be in contempt, the district court ordered Seehusen to execute a deed to the Whittles quitclaiming any interest in the Rock Garden Claims. As mentioned above, the deed was ordered executed by February 21, 1986, under threat of a $150 per day fine imposed for late compliance. In addition, the Whittles were awarded reasonable costs and attorney fees in the case. Seehusen sought and was granted a stay of execution for the pendency of his appeal. Security was set at $10,000 as a condition of the stay. Because he was unable to post this amount, Seehusen moved to amend the stay, requesting

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Bluebook (online)
748 P.2d 1382, 113 Idaho 852, 1987 Ida. App. LEXIS 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whittle-v-seehusen-idahoctapp-1987.