Ex parte Davila
| Decision Date | 22 October 1986 |
| Docket Number | No. C-5397,C-5397 |
| Citation | 718 S.W.2d 281 |
| Parties | Ex parte Joel DAVILA, Relator. |
| Court | Texas Supreme Court |
Dan R. Price, Kazen & Price, Austin, for relator.
Jane Brasch, Ferrero, Brasch, Friebels & Mardis, and Noe Nobles, Harlingen.
ORIGINAL HABEAS CORPUS PROCEEDING
This is a habeas corpus proceeding. Relator, Joel Davila, was held in contempt for failure to pay $28,000 in medical expenses for his child. As punishment, he was assessed a term of 120 days in the county jail, and was further ordered confined until he paid the entire amount of $28,000. Relator unsuccessfully sought habeas relief in the court of appeals, 709 S.W.2d 15, presenting only two points before that court as grounds for discharging him from custody. Relator then filed an application for writ of habeas corpus in this court, alleging fifteen additional grounds. Because we hold that Davila could not properly be held in contempt for the entire sum of $28,000, we grant the writ of habeas corpus, and without hearing oral argument, order Davila discharged.
On November 26, 1975, Davila was divorced and ordered to pay child support. The award of child support was later modified in an order signed October 7, 1985. This order provided:
IT IS ACCORDINGLY ORDERED, ADJUDGED AND DECREED that child support be increased to Thirty ($30.00) per week for [the child] and in addition thereto, all sums expended for her continuing care at Charter Palms Hospital including, but not limited to, all prescription drugs, therapy, doctors' charges and hospital charges. Said increased payments should be made directly to the hospital, the doctor, or the pharmacy no later than ten (10) days following the mailing of the statement.
* * *
At the time the order was signed, the child was undergoing periodic psychological and psychiatric out-patient treatment at Charter Palms Hospital. She was subsequently admitted to Charter Palms Hospital, incurring over $28,000 in medical charges by the time of the contempt hearing.
On November 26, 1985, the mother of the child filed the motion for contempt leading to these proceedings, alleging that Davila had failed to pay the hospital as ordered and was then in arrears in the amount of $5,147.10. The hearing on the motion for contempt was not held until January 13, 1986. Testimony by a hospital administrative employee showed that a series of bills had been sent, for steadily increasing amounts, beginning with an October 28 1985 bill for $4,050.45. By the December 24, 1985 bill, the amount had grown to $23,836.55. The last bill, including the period from December 23, 1985 to January 5, 1986, was for $28,436.75. The hospital employee first testified to the effect that this last "complete billing" had not been sent at the time of the hearing, but later stated that the bill had probably been sent on January 7, 1986. The order adjudging Davila in contempt was signed January 13, 1986.
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Ex parte McIntyre
...is assessed for multiple acts of contempt, one of which is not punishable by contempt, the entire judgment is void. Ex parte Davila, 718 S.W.2d 281, 282 (Tex.1986). However, where the void portion of the judgment is severable, it does not vitiate the remainder. Ex parte Karr, 663 S.W.2d 534......
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In re Fountain
...found. This means that even if only one of the violation findings was invalid, the entire order would be void.5 Ex parte Davila, 718 S.W.2d 281, 282 (Tex. 1986) (per curiam) ("If one punishment is assessed for multiple acts of contempt, and one of those acts is not punishable by contempt, t......
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In re Wiese
...is assessed for more than one act of contempt, and one act is not punishable by contempt, the entire judgment is void. Ex parte Davila, 718 S.W.2d 281, 282 (Tex. 1986); Ex parte Thompson, 803 S.W.2d 876, 877-78 (Tex. App.--Corpus Christi 1991, no writ). Because the entire contempt order is ......
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Ex parte Herrera
...prove the order of contempt is void on its face or so completely without evidentiary support as to render it void. See Ex parte Davila, 718 S.W.2d 281, 282 (Tex.1986) (citing Ex parte Bethurum, 153 Tex. 563, 272 S.W.2d 85 (1954); See also Ex parte White, 154 Tex. 126, 274 S.W.2d 542 (1955))......