Ex parte Greene, No. C14-90-144-CV
| Court | Court of Appeals of Texas |
| Writing for the Court | ELLIS |
| Citation | 788 S.W.2d 724 |
| Parties | Ex parte Carroll B. GREENE. (14th Dist.) |
| Decision Date | 10 May 1990 |
| Docket Number | No. C14-90-144-CV |
Page 724
Houston (14th Dist.).
Page 725
Jim Heaney, Houston, for appellant.
Ronald A. Bass, Houston, for appellee.
Before PAUL PRESSLER, CANNON and ELLIS, JJ.
ELLIS, Justice.
This is an original habeas corpus proceeding. Relator, Carroll B. Greene, seeks relief from an order of contempt and commitment entered by the 245th District Court of Harris County on February 12, 1990 in Cause No. 82-35736. We granted relator leave to file his petition and ordered the Sheriff of Harris County to release him on bond pending resolution of this cause. TEX.GOV'T.CODE ANN. § 22.221(d) (Vernon 1988). We conclude that the court's commitment order failed to satisfy the requirements of TEX.FAM.CODE ANN. § 14.33(a) (Vernon Supp.1990). We therefore grant the writ and order relator discharged.
In order for this court to order the sheriff to release relator from custody, an attack on the validity of the commitment order must establish that it is void, because either the trial court lacked jurisdiction, or deprived relator of his liberty without due process. Ex parte Barnett, 600 S.W.2d 252, 254 (Tex.1980); Ex Parte Crawford, 684 S.W.2d 124, 126 (Tex.App.--Houston [14th Dist.] 1984, no writ).
By an order entered on February 19, 1983, the 245th District Court terminated relator's marriage to Patricia Greene, the real party in interest. In the commitment order now before us, the trial court recited that the prior divorce decree ordered relator to pay to Patricia Greene child support in the amount of $800.00 per month. The trial court then held that relator had violated the prior divorce decree, finding him "guilty of willful but not coercive contempt of court in that he has failed and refused to pay child support as heretofore ordered in the amount of $58,400.00." Punishment was assessed at confinement in the county jail of Harris County, Texas for a period of 180 days and court costs in the amount of $943.00.
With regard to contents of an enforcement order of the court, Section 14.33(a) of the TEX.FAM.CODE ANN. (Vernon Supp.1990) provides:
(a) Contents. An enforcement order shall contain findings setting out in ordinary and concise language the provisions of the final order, decree, or judgment for which enforcement was sought, the acts or omissions that are the subject of the order, the manner of noncompliance, and the relief awarded by the court....
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...owner or occupier who has no control has no duty to warn against the danger or to take any action to relieve the danger." Reyna, 788 S.W.2d at 724. In this case, as in Gnau and Duke Power, there was no evidence that the servient owner had agreed to inspect or maintain the lines in ques......
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...by the court. TEX.FAM.CODE ANN. § 14.33(a) (Vernon Supp.1992) (emphasis added). For his 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. procee......
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...limit Boyd's proof that the City controlled the edge of the driveway and Rosenthal provides no authority to the contrary. See Reyna, 788 S.W.2d at 724. Second, Boyd's uncontroverted evidence established that the City had a right-of-way in the area where the edge of the driveway was located ......
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Ex parte Tamez, No. 13-90-416-CV
...amounts without specifying the dates of payment. These cases are each distinguishable from the case at hand. In Ex parte Greene, 788 S.W.2d 724, 726 (Tex.App.--Houston [14th Dist.] 1990, orig. proceeding), the court said that the commitment order failed to satisfy § 14.33(a) because it reci......
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Kibbons v. Union Elec. Co., No. 73778
...owner or occupier who has no control has no duty to warn against the danger or to take any action to relieve the danger." Reyna, 788 S.W.2d at 724. In this case, as in Gnau and Duke Power, there was no evidence that the servient owner had agreed to inspect or maintain the lines in ques......
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Ex parte Howell, No. 01-92-01148-CV
...by the court. TEX.FAM.CODE ANN. § 14.33(a) (Vernon Supp.1992) (emphasis added). For his 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. procee......
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Rosenthal v. Boyd, NO. 03-11-00037-CV
...limit Boyd's proof that the City controlled the edge of the driveway and Rosenthal provides no authority to the contrary. See Reyna, 788 S.W.2d at 724. Second, Boyd's uncontroverted evidence established that the City had a right-of-way in the area where the edge of the driveway was located ......
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Ex parte Tamez, No. 13-90-416-CV
...amounts without specifying the dates of payment. These cases are each distinguishable from the case at hand. In Ex parte Greene, 788 S.W.2d 724, 726 (Tex.App.--Houston [14th Dist.] 1990, orig. proceeding), the court said that the commitment order failed to satisfy § 14.33(a) because it reci......