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Blake v. Spears

The trial court's grant of supersedeas on a prior contempt order suspended all further proceedings while the prior case remained on appeal.

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This case represents the most recent appeal in the ongoing litigation between Randy Blake and Robert Spears. In this incarnation, Blake challenges the trial court’s August 17, 2001 order, asserting that the trial court lacked jurisdiction to enter the order. We agree and vacate that order.

The facts of this case are set forth in Blake v. Spears,1 which dealt with two orders—one dated July 5, 2001, and the other dated July 11, 2001. In the July 5th order, the trial court ordered Blake incarcerated for failure to comply with a subpoena to produce evidence. In the subsequent order, the trial court gave Blake “one final opportunity” to comply with the subpoena, threatening severe sanctions if he failed to do so.

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