Kunzler v. O'DELL

I respectfully dissent from the affir-mance of the trial court’s contempt order because the trial court did not make the requisite findings and conclusions.

In Von Hake v. Thomas, 759 P.2d 1162, 1172 (Utah 1988), the supreme court unequivocally required that trial courts make explicit findings on each of the following substantive elements of contempt: “the person cited for contempt knew what was required, had the ability to comply, and intentionally failed or refused to do so. These three elements must be proven beyond a reasonable doubt in a criminal contempt proceeding.” Id. at 1172…