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LINDSEY v. MARTINEZ

No. 2800.

568 P.2d 263 (1977)

90 N.M. 737

Rosemary Gonzales LINDSEY and Sheldon Lindsey, Plaintiffs-Appellants, v. J.A. MARTINEZ, Defendant-APPELLEE. Appeal of Sheldon Lindsey, Contemnor-Appellant.

Court of Appeals of New Mexico.

August 2, 1977.

Attorney(s) appearing for the Case

Manny M. Aragon, Lorenzo A. Chavez, Albuquerque, for plaintiffs-appellants.

Toney Anaya, Atty. Gen., Paquin M. Terrazas, Asst. Atty. Gen., Santa Fe, for defendant-appellee.

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...

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