Legal Opinion

State ex rel. Children, Youth & Families Department v. Mercer-Smith

New Mexico Court of Appeals

Decided August 26, 2015No. 35,427; Docket Nos. 31,941 & 28,294PublishedCited by 1 opinion

1Opinion of the Court

OPINION

BUSTAMANTE, Judge.

{1} In this case we assess what may be the outer edges of a court’s exercise of its contempt power. At the Respondent parents’ (James and Janet Mercer-Smith) urging the district court foitnd the Children, Youth and Families Department (CYFD) in contempt of court for contravening the district court’s order concerning foster placement of two of their children in its custody. The Mercer-Smiths then sought, and the district court granted, damages for loss of enjoyment of life because the possibility for reconciliation with their children had been reduced as a result of…

2Cases cited41 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. Hutto v. FinneySupreme Court of the United States · 1979
  4. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  5. McComb v. Jacksonville Paper Co.Supreme Court of the United States · 1949

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3Cited by1 opinion

  1. State Ex Rel. Children, Youth & Families Dep't v. Mercer-SmithNew Mexico Supreme Court · 2018

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