In re Gawerc, 04-1044.

Decision Date27 May 2005
Docket NumberNo. 04-1044.,04-1044.
Citation165 S.W.3d 314
PartiesIn re Jim GAWERC, Relator.
CourtTexas Supreme Court

Shawn Casey, Law Office for Shawn Casey, Houston, for Relator.

Jim Gawerc, Houston, pro se.

Glenn A. Lilly, Houston, for Real Party.

Ingrid Philipson, Houston, pro se.

Tommy Thomas, Houston, pro se.

PER CURIAM.

In this original habeas corpus proceeding, petitioner Jim Gawerc contends his civil contempt imprisonment is illegal because he is unable to post the $50,000 child support bond required for his release. Because Gawerc conclusively established his inability to comply, we order his release.

The trial court held Gawerc in criminal and civil contempt for failing to comply with the trial court's child support modification order that required Gawerc to pay $750 in child support and post a $50,000 child support bond.1 The trial court then ordered Gawerc to pay $2,400 in attorney's fees and suspended the civil and criminal contempt sentences. When Gawerc failed to comply with the commitment suspension order, the trial court revoked the suspensions and ordered him to jail for both criminal and civil contempt. Gawerc served his criminal contempt sentence and paid the $750 back child support. He also tendered a check to opposing counsel for the $2,400 in attorney's fees; therefore, the only remaining condition for his release is the $50,000 bond. The court of appeals denied Gawerc's petition for habeas corpus relief,2 and Gawerc remained in jail under the civil contempt order until this Court released him on bond pending consideration of the habeas corpus petition.

Texas law is clear that a petitioner may not be confined for civil contempt unless he or she has the ability but refuses to perform the conditions for release. Ex parte Rojo, 925 S.W.2d 654, 655 (Tex.1996); Ex parte Rohleder, 424 S.W.2d 891, 892 (Tex.1967). "We treat the contempt order as void if the evidence offered at the hearing conclusively establishes that at the time of the contempt hearing relator did not have, and had no source from which he might be expected to obtain [the money required to purge himself of contempt]." Rohleder, 424 S.W.2d at 892.

At the trial court's de novo commitment hearing, Gawerc conclusively established the following: (1) the bond must be one hundred percent collateralized by cash or a bank line of credit; (2) his only source of income is from his private law practice; (3) he has no contingent fee cases, no accounts receivable, and no ability to generate income from jail; (4) he has access to approximately $500 cash and his other assets are encumbered by a federal tax lien in excess of $3.9 million; and (5) he knows of no other source from which he can borrow the $50,000 necessary to secure the bond. Gawerc's mother, who had offered to post the $50,000 at an earlier date, is no longer willing to loan him the...

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7 cases
  • Sickler v. Sickler, S–15–594.
    • United States
    • Supreme Court of Nebraska
    • May 13, 2016
    ...365 (1982) ; Newell v. Hinton, 556 So.2d 1037 (Miss.1990) ; Calloway v. Calloway, 406 Pa.Super. 454, 594 A.2d 708 (1991) ; In re Gawerc, 165 S.W.3d 314 (Tex.2005) ; Krochmalny v. Mills, 186 Vt. 645, 987 A.2d 318 (2009) ; In re King, 110 Wash.2d 793, 756 P.2d 1303 (1988) ; State, Dept. of Fa......
  • Ex Parte Coronado, No. 13-09-00149-CV (Tex. App. 4/9/2009), 13-09-00149-CV.
    • United States
    • Court of Appeals of Texas
    • April 9, 2009
    ...not be confined for civil contempt unless he or she has the ability, but refuses, to perform the conditions for release. In re Gawerc, 165 S.W.3d 314, 315 (Tex. 2005) (orig. proceeding); Rojo, 925 S.W.2d at 655; Ex parte Rohleder, 424 S.W.2d 891, 892 (Tex. 1967) (orig. proceeding). Stated o......
  • In re Davis, 02-11-00415-CV
    • United States
    • Court of Appeals of Texas
    • February 21, 2012
    ...may not be confined for civil contempt unless he or she has the ability but refuses to perform the conditions for release." In re Gawerc, 165 S.W.3d 314, 315 (Tex. 2005) (orig. proceeding). An order of contempt imposing a coercive restraint is void if the condition purging the contempt is "......
  • In re Brownhill, No. 14-07-00346-CV (Tex. App. 6/7/2007), 14-07-00346-CV.
    • United States
    • Court of Appeals of Texas
    • June 7, 2007
    ...but he was ordered released the following day. The reason for relator's release is not indicated in our record. 2. See In re Gawerc, 165 S.W.3d 314, 315 (Tex. 2005) (orig. proceeding); Ex parte Rojo, 925 S.W.2d 654, 655 (Tex. 1996) (orig. proceeding); Ex parte Chambers, 898 S.W.2d 257, 261 ......
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