GLENN DALE RANCHES, INC. v. SHAUB

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Docket Number

No. 11219.

Advocates

T.V. Behm, Buhl, Webb, Pike, Burton Carlson, Twin Falls, for defendant-appellant. Hepworth, Nungester Felton, John C. Hepworth, Buhl, for plaintiff-respondent.

Judges

PER CURIAM:

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GLENN DALE RANCHES, INC., an Idaho corporation, Plaintiff-Respondent, v. Norris SHAUB, Defendant-Appellant, Clara Terry Boyd et al., Defendants.

PER CURIAM:

This is an appeal from an order of the district court wherein the court held appellant Norris Shaub in contempt for violating a permanent injunction which prohibited appellant from diverting more than 10 miners inches of water from the Mendini Tunnel.

An order holding a person in contempt is not an appealable order under I.C. § 7-614. In Barnett v. Reed, 93 Idaho 319, 460 P.2d 744 (1969), this Court stated:

"While the order holding a person in contempt is not appealable under I.C. § 7-614, the writ of review has been recognized as a proper method by which the actions of a court in a contempt proceeding can be reviewed. Mathison v. Felton, 90 Idaho 87, 408 P.2d 457 (1965)." 93 Idaho at 321, 460 P.2d at 746.

Appellant may petition for a writ of review in accordance with the procedures set forth in I.C. § 7-201 et seq. See Dutton v. District Court of Third Judicial District, County of Owyhee, 95 Idaho 720, 518 P.2d 1182 (1974).

Appeal dismissed. No costs allowed.

GLENN DALE RANCHES, INC., an Idaho corporation, Plaintiff-Respondent, v. Norris SHAUB, Defendant-Appellant, Clara Terry Boyd et al., Defendants.

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