Kettle Butte Trucking, LLC v. Kelly

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Steven Kelly and Spirit Energy LLC (collectively "Spirit") appealed a district court order holding them in contempt for failing to return leased vehicles to Kettle Butte Trucking ("KBT"). KBT sued Spirit, alleging Spirit failed to pay numerous lease payments for trucks they leased from KBT. Spirit challenged the district court's underlying order that was alleged to have been violated. Spirit also argued the court did not have jurisdiction to hold it in contempt. When a contempt order is appealed, challenges to the underlying order will not be considered unless the underlying order is also appealed. When a court has issued an allegedly erroneous order, the party to whom the order was issued must obey it as long as it remains in force or until it is reversed on appeal, and the failure to obey the order is punishable as a contempt of court. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's order holding Spirit in contempt. View "Kettle Butte Trucking, LLC v. Kelly" on Justia Law