BMO Harris Bank National Ass'n v. Bluff

OPINION

TIMMER, Judge.

¶ 1 BMO Harris Bank National Association (“BMO”) files this special action asserting the trial court abused its discretion by holding BMO in civil contempt of a stay order entered pending an appeal. We are asked to decide whether a court can find a party in contempt of a court order for expressing its intention to violate that order in the future. For the reasons that follow, we accept jurisdiction and hold the court lacks such authority. We grant relief to BMO by vacating the court’s contempt orders.

BACKGROUND

¶ 2 Real-party-in-interest Brian Myers initiated this lawsuit…