Legal Opinion

Lindsey v. Martinez

New Mexico Court of Appeals

Decided August 2, 1977No. 2800PublishedCited by 13 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

This appeal involves the constructive contempt of Sheldon Lindsey. We reverse the trial court’s contempt decision because it was made in the absence of Sheldon. We discuss (1) the type of contempt; (2) notice of the contempt charge; and (3) appearance by counsel.

Plaintiffs and Martinez occupied adjoining property; they did not get along. Plaintiffs’ suit against Martinez sought a resolution of the difficulties and included a request that Martinez be restrained from certain action. In March, 1975 the trial court entered an order restraining both parties. As to the…

2Cases cited8 opinions

  1. State Ex Rel. Bliss v. GreenwoodNew Mexico Supreme Court · 1957
  2. Jencks v. GoforthNew Mexico Supreme Court · 1953
  3. State Ex Rel. Apodaca v. Our Chapel of Memories of New Mexico, Inc.New Mexico Supreme Court · 1964
  4. Escobedo v. Agriculture Products Co., Inc.New Mexico Court of Appeals · 1974
  5. State Ex Rel. Simpson v. ArmijoNew Mexico Supreme Court · 1934

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. PothierNew Mexico Supreme Court · 1986
  2. State v. EcholsNew Mexico Court of Appeals · 1983
  3. State v. NgoNew Mexico Court of Appeals · 2001
  4. Dona Ana Savings & Loan Ass'n, F.A. v. MitchellNew Mexico Court of Appeals · 1991
  5. Roybal v. MartinezNew Mexico Court of Appeals · 1979

8 more not listed; retrieve them via the Exa API.

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