Glenn Dale Ranches, Inc. v. Shaub

• Decision Date: 10 May 1974
• Docket Number: No. 11219,11219
• Citation: Glenn Dale Ranches, Inc. v. Shaub, 522 P.2d 61, 95 Idaho 853 (Idaho 1974)
• Parties: GLENN DALE RANCHES, INC., and Idaho corporation, Plaintiff-Respondent, v. Norris SHAUB, Defendant-Appellant, Clara Terry Boyd et al., Defendants.
• Court: Idaho Supreme Court

Page 61

522 P.2d 61

95 Idaho 853

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

No. 11219.

Supreme Court of Idaho.

May 10, 1974.

T. V. Behm, Buhl, Webb, Pike, Burton & Carlson, Twin Falls, for defendant-appellant.

Hepworth, Nungester & Felton, John C. Hepworth, Buhl, for plaintiff-respondent.

PER CURIAM:

This is an appeal from an order of the district court wherein the court held appellantNorris 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.SeeDutton v. District Court of Third Judicial District, County of Owyhee, 95 Idaho 720, 518 P.2d 1182(1974).

Appeal dismissed.No costs allowed.