Ex parte Burroughs

• Decision Date: 14 February 1985
• Docket Number: No. A14-84-843CV,A14-84-843CV
• Citation: 687 S.W.2d 444
• Parties: Ex parte Jack Eugene BURROUGHS. (14th Dist)
• Court: Texas Court of Appeals

Page 444

687 S.W.2d 444

Ex parte Jack Eugene BURROUGHS.

No. A14-84-843CV.

Court of Appeals of Texas Houston (14th Dist).

Feb. 14, 1985.

L.T. Bradt, Houston, for appellant.

Thomas R. Conner, Steven P. Lindamood, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and SEARS and ELLIS, JJ.

OPINION

ELLIS, Justice.

On December 18, 1984, Judge Robert Webb of the 312th Judicial District Court of Harris County held Relator, Jack Eugene Burroughs, guilty of contempt of court for willfully disobeying the court's order of October 19, 1984, by failing and refusing to make temporary child support and alimony payments as ordered and for failure to produce copies of the medical and health policies, insuring his wife Candice Burroughs and minor child, to her attorney on or before October 23, 1984. Relator was sentenced to twenty days in the Harris County Jail with the provision that the Relator could purge himself of the contempt by paying the amount in arrears, found by the court to be $3,400, plus court costs and attorney's fees in the amount of $2,000. Relator was released from jail on bond pending final determination of this case. Relator raises three points of error. We do not agree with Relator's points of error and deny the writ of habeas corpus.

In Relator's first point of error he claims that the trial court erred in compelling him to give testimony against himself over his Fifth Amendment objections. The second point of error alleges that the commitment order was fatally defective in that it does not contain a specific finding of the manner in which Relator has violated the prior order and is insufficient to support a contempt decree. The last point of error asserts that the notice given to Relator is at variance with the motion for contempt, thereby denying Relator due process of law.

On October 19, 1984, the trial court entered a second amended temporary order. Among other things, the court ordered that Relator pay child support of $1,400 on October 20, 1984, and a like amount on the fifth and twentieth day of each month thereafter until further order of the court. Additionally the court required that Relator pay $2,500, on or before October 22, 1984, as temporary support for his wife. The court also ordered that Relator produce all medical and health insurance policies, insuring his wife and the minor child, to his wife's attorney on or before October 23, 1984. On November 1, 1984, Relator's wife filed a motion for contempt alleging that Relator had willfully disobeyed the court's order. In that motion his wife claimed Relator had failed to pay the sum of $2,500 on or before October 22, 1984. Additionally his wife alleged that Relator would further be in arrears for child support payments due on November 5, 1984, in the amount of $1,400. Lastly, Respondent alleged that Relator had failed to produce all medical and health insurance policies as required in the court's amended orders.

On November 26, 1984, Judge Webb signed an order setting a show cause hearing. The order stated that the purpose of the hearing was to determine whether Relator should be held in contempt for disobedience of the court's order of October 19, 1984. The court ordered Relator to show cause why he had willfully failed to pay $2,500 to his wife on October 22, 1984, and $1,400 for child support on November 5, 1984, November 15, 1984, and December 5, 1984. The court also ordered that Relator show cause why he failed to furnish his wife's attorney with proof of all medical and health insurance policies by October 23, 1984.

A hearing was held on December 13, 1984. The record shows that at the beginning of the hearing an oral stipulation was presented to the court. In the stipulation Relator agreed that he was in contempt of the court's order of October 19, 1984, for failure to pay the child support and temporary alimony payments as ordered, and the arrearage was $3,400. The stipulation also stated that Relator was in contempt for failure to produce the insurance policies as required by the court's order. Relator did not stipulate to the willfulness of the contempt.

His wife called Relator as her first witness. Her attorney first asked Relator his name. Relator pled the Fifth Amendment. The court required him to answer the question. Relator also pled the Fifth Amendment to a question concerning his employment and office location. The court again required an answer. The hearing was then recessed until December 18, 1984. When the hearing resumed, his wife did not recall Relator to the stand. Relator's bookkeeper, his financial manager, and his wife testified at the hearing.

At the conclusion of the hearing, the court found that Jack Eugene Burroughs was guilty of willful contempt of the court order of October 19, 1984. The court granted the motion for contempt and sentenced Relator to 20 days in Harris County Jail. The court's...