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BMO HARRIS BANK NAT. ASS'N v. BLUFF

No. 1 CA-SA 12-0067.

277 P.3d 216 (2012)

BMO HARRIS BANK NATIONAL ASSOCIATION, et al., Petitioner, v. The Honorable Michael R. BLUFF, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF YAVAPAI, Respondent Judge, Brian Myers, a married man dealing with his sole and separate property, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department A.

May 3, 2012.

Attorney(s) appearing for the Case

Stinson Morrison Hecker LLP By Jeffrey J. Goulder , Stefan M. Palys , Phoenix, Attorneys for Petitioner.

Barbara J. Forde, PLC By Barbara J. Forde , Scottsdale, Attorneys for Real Party in Interest.

OPINION

TIMMER, Judge.

¶ 1 BMO Harris Bank National Association ("BMO") files this special action asserting the trial court abused its discretion by holding BMO in civil contempt of a stay order entered pending an appeal. We are asked to decide whether a court can find a party in contempt of a court order for expressing its intention to violate that order in the future. For the reasons that follow, we accept jurisdiction and hold the court lacks such...

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