Ex parte Boykins, No. A14-88-01111-CV
| Court | Court of Appeals of Texas |
| Writing for the Court | Before J. CURTISS BROWN; JUNELL |
| Citation | 764 S.W.2d 590 |
| Parties | Ex parte Ronnie Lynn BOYKINS, Relator. (14th Dist.) |
| Docket Number | No. A14-88-01111-CV |
| Decision Date | 02 February 1989 |
Page 590
Houston (14th Dist.).
Page 591
Barry J. Hards, Houston, for appellant.
Travis Lewis, Houston, for appellee.
Before J. CURTISS BROWN, C.J., and JUNELL and DRAUGHN, JJ.
JUNELL, Justice.
Ronnie Lynn Boykins, relator, brought this original Habeas Corpus proceeding after the Honorable Henry G. Schuble, Judge of the 245th District Court of Harris County, held relator in contempt of court "by reason of his failure and refusal to make payments of child support heretofore ordered in the amount of $8,800.00, in defiance of the terms of the decree" rendered on March 13, 1986, wherein the court had ordered relator to pay $400.00 per month in child support, payable in two installments of $200.00 each month, on the second Friday and the fourth Friday of each month, commencing on March 14, 1986. Punishment for such contempt was fixed at confinement in the county jail of Harris County for 90 days and continuing thereafter until relator shall have purged himself of said contempt by paying $2,000.00 in child support, plus attorney's fees and court costs.
Relator contends the commitment order is void because, (1) it does not specify the time, date, and place of every violation, (2) it does not set out specifically which provisions of the decree of divorce are sought to be enforced and (3) it does not state which child support payments relator did not pay and exactly when he was supposed to pay them.
The Show Cause Order served on relator contained an itemized list of $200.00 payments due under the decree, and the date each payment was due was specified in the itemized list. It was stated in that list that no payments had been made by relator and therefore he was in arrears in the total amount of $12,400.00. However, the record before this court includes a statement of facts from the contempt hearing. There was undisputed evidence that relator had made some payments of child support although he had made no payments through the probation department of Harris County, as he was ordered to do by the decree. Relator testified he had paid a total of $3,600.00 in child support. His former wife testified he had paid $2,500.00. Neither relator nor his former wife could produce any records or testimony concerning the amounts and dates of any payments made by relator. The trial court gave relator credit for payments totalling $3,600.00 and thus arrived at the total arrearage of $8,800.00 and held relator in contempt for failing to pay that amount.
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Turner v. State, No. 05-89-01043-CV
...juvenile court, by retaining jurisdiction as to some counts, continued to retain exclusive jurisdiction as to all counts. R---- T----, 764 S.W.2d at 590. On remand, the juvenile court granted the State's motion for nonsuit as to the arson counts and again signed a waiver of exclusive jurisd......
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Ex parte Wessell, No. C14-90-00936-CV
...the Texas Turnover Statute applies to the specific judgment in this case. Section 14.33(a) has been construed narrowly. Ex parte Boykins, 764 S.W.2d 590, 592 (Tex.App.--Houston [14th Dist.] 1989, orig. proceeding); see, e.g. Ex parte Graham, 787 S.W.2d 141, 143 (Tex.App.--Houston [14th Dist......
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Ex parte Howell, No. 01-92-01148-CV
...argument, relator relies on Ex parte Greene, 788 S.W.2d 724 (Tex.App.--Houston [14th Dist.] 1990, orig. proceeding) and Ex parte Boykins, 764 S.W.2d 590 (Tex.App.--Houston [14th Dist.] 1989, orig. proceeding). We find Greene, a case of criminal contempt, distinguishable because only a total......
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Ex parte Waldrep, No. C14-89-1029-CV
...credit are shown. Relator cites Ex parte Bahmani, 760 S.W.2d 769 (Tex.App.--Houston [14th Dist.] 1988, no writ) and Ex parte Boykins, 764 S.W.2d 590 (Tex.App.--Houston [14th Dist.] 1989, no writ) as authority for his position that the commitment order fails to identify where the credit of $......
-
Turner v. State, No. 05-89-01043-CV
...juvenile court, by retaining jurisdiction as to some counts, continued to retain exclusive jurisdiction as to all counts. R---- T----, 764 S.W.2d at 590. On remand, the juvenile court granted the State's motion for nonsuit as to the arson counts and again signed a waiver of exclusive jurisd......
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Ex parte Wessell, No. C14-90-00936-CV
...the Texas Turnover Statute applies to the specific judgment in this case. Section 14.33(a) has been construed narrowly. Ex parte Boykins, 764 S.W.2d 590, 592 (Tex.App.--Houston [14th Dist.] 1989, orig. proceeding); see, e.g. Ex parte Graham, 787 S.W.2d 141, 143 (Tex.App.--Houston [14th Dist......
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Ex parte Howell, No. 01-92-01148-CV
...argument, relator relies on Ex parte Greene, 788 S.W.2d 724 (Tex.App.--Houston [14th Dist.] 1990, orig. proceeding) and Ex parte Boykins, 764 S.W.2d 590 (Tex.App.--Houston [14th Dist.] 1989, orig. proceeding). We find Greene, a case of criminal contempt, distinguishable because only a total......
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Ex parte Waldrep, No. C14-89-1029-CV
...credit are shown. Relator cites Ex parte Bahmani, 760 S.W.2d 769 (Tex.App.--Houston [14th Dist.] 1988, no writ) and Ex parte Boykins, 764 S.W.2d 590 (Tex.App.--Houston [14th Dist.] 1989, no writ) as authority for his position that the commitment order fails to identify where the credit of $......