Witt v. Jay Petroleum, Inc.

by
John Witt, HydroTech Corporation, and attorney Mark Shere (Appellants) were held in contempt of court for violating the terms of a temporary restraining order (TRO). The contempt holding arose from protracted litigation in a lawsuit over the costs of an environmental cleanup. The trial court issued the TRO enjoining work on the site until a preliminary injunction hearing could be held. After the TRO was issued, work on the site commenced. The trial court subsequently issued the preliminary injunction. Later, the court held Appellants in contempt and held them jointly and severally liable for $108,487 in costs and attorneys' fees. The Supreme Court granted transfer and affirmed the trial court, concluding that the trial court did not err in holding Witt, Shere, and HydroTech in contempt, determining the sanction, and imposing it jointly and severally.