Fugal v. Howard

2007 UT 88
This opinion is subject to revision before final
publication in the Pacific Reporter.
IN THE SUPREME COURT OF THE STATE OF UTAH
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Jens P. Fugal, No. 20070128
Petitioner,
v.
The Honorable Fred Howard,
Judge of the Fourth District F I L E D
Court, Utah County,
Respondent. November 2, 2007
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Attorneys: Jens P. Fugal, pro se petitioner
Brent M. Johnson, Salt Lake City, for respondent
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PER CURIAM:
¶1 Petitioner has requested relief from this court in the
form of an extraordinary writ. He has challenged an order by the
trial court in the case of Ohio Casualty Insurance Co. v. Young,
Pontiac, Cadillac, GMC Truck Co. finding him in contempt of court
and removing him as counsel in that case as a sanction. A
contempt sanction is subject to an appeal in the case in chief.
See, e.g., Utah Farm Prod. Credit Ass’n v. Labrum, 762 P.2d 1070,
1074-75 (Utah 1988) (recognizing that every court has the power
to compel obedience to its orders and, upon ordinary appellate
review, upholding a contempt order issued by the trial court);
State v. Clark, 2005 UT 75, ¶ 17, 124 P.3d 235 (similarly
upholding the trial court’s finding of contempt). Therefore a
legal remedy was available to petitioner. An extraordinary writ
will not lie where a “plain, speedy and adequate remedy is
available.” Utah R. Civ. P. 65B(a). We therefore dismiss the
Petition for Extraordinary Writ.
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