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WANKE, INDUSTRIAL, COMMERCIAL, RESIDENTIAL, INC. v. KECK

No. D058669. No. D058825.

209 Cal.App.4th 1151 (2012)

147 Cal. Rptr. 3d 651

WANKE, INDUSTRIAL, COMMERCIAL, RESIDENTIAL, INC., Plaintiff and Appellant, v. SCOTT KECK et al., Defendants and Appellants. WANKE, INDUSTRIAL, COMMERCIAL, RESIDENTIAL, INC., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; SCOTT KECK et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division One.

October 4, 2012.

Attorney(s) appearing for the Case

Lindborg & Mazor, Peter F. Lindborg , Irina J. Mazor and Patricia I. Forman for Plaintiff and Appellant and for Petitioner.

Page, Lobo, Costales & Preston, Jonathan Preston ; Boudreau Williams and Jon R. Williams for Defendants and Appellants and for Real Parties in Interest.

No appearance for Respondent Superior Court.

OPINION

AARON, J. —

I.

INTRODUCTION

This case requires this court to answer two fundamental questions. First, may a party obtain appellate review of an order acquitting a defendant in a nonsummary criminal contempt proceeding? We conclude that the double jeopardy clause of the Fifth Amendment to the federal Constitution precludes such review. Second, may a party successfully defend against an alleged violation of a...

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