Ex parte Green

• Citation: 603 S.W.2d 216
• Decision Date: 09 July 1980
• Docket Number: No. B-9362,B-9362
• Parties: Ex parte Glenn M. GREEN.
• Court: Supreme Court of Texas

Page 216

603 S.W.2d 216

Ex parte Glenn M. GREEN.

No. B-9362.

Supreme Court of Texas.

July 9, 1980.

Finger, Burg, Cohen & Forlano, Frederick P. Forlano, Houston, for relator.

Carol S. Vance, Dist. Atty., Jeanette Lizcano and Clyde F. DeWitt, III, Asst. Dist. Attys., Houston, for respondent.

GREENHILL, Chief Justice.

This is an original habeas corpus proceeding. The question presented is whether the record adduced at the contempt hearing contains any evidence that relator, Glenn M. Green, disobeyed a temporary injunction previously rendered by the 164th District Court. Since we are of the opinion that the record contains no evidence to support the present contempt order, we hold that the contempt order is void, and order the relator discharged.

In April, 1979, the Harris County authorities began investigating the Executive House of Models to determine whether the business was operated for the purposes of prostitution. After several incidents in which undercover police officers were offered sexual services for a fee, the State of Texas, acting pursuant to Article 4667, ¹ applied to the 164th District Court for a temporary injunction to abate the continued operation of the business as a house of prostitution. Relator Green was one of the defendants to the State's application for temporary injunction.

On September 4, 1979, after a hearing before the court, the court rendered judgment for the State, and granted a temporary injunction ordering Green, and the other defendants, "to abate the said nuisance by permitting and allowing no person or persons to use the said premises for the purposes of prostitution . . . ." The court further enjoined Green, and the other defendants, "from further allowing the said property to be used or occupied by prostitutes for the purpose of prostitution . . . ." In making this order, the trial court specifically found that Green was one of the parties in lawful possession of the Executive House of Models at that time.

Two months later, on November 14, 1979, an undercover officer went to the Executive House of Models, where he was solicited for an act of prostitution. After this incident, the State filed its motion for contempt against Green in the 164th District Court, alleging that he "intentionally and knowingly violated the order of this Court by allowing to be committed an act of prostitution . . . on November 14, 1979 within the Executive House of Models . . . ." After hearing evidence, the court held Green in contempt of court for "allow(ing) to be committed an act of prostitution . . . on November 14, 1979 within the Executive House of Models . . . ."

Relator Green has filed this petition for writ of habeas corpus challenging the contempt judgment on the basis that the State presented no evidence that he had any connection with the Executive House of Models on November 14, 1979. Without any connection to the business, Relator Green contends that there is no evidence that he disobeyed the temporary injunction on November 14, 1979. Without such evidence that he disobeyed the temporary injunction, Relator Green concludes that the contempt judgment is void. We agree.

The only evidence presented at the contempt hearing concerning Relator Green's alleged connection with the Executive House of Models on November 14, 1979, showed the following: (1) from the time that the temporary injunction was granted, Relator Green completely disassociated himself from the Executive House of Models; (2) on November...