Ex Parte Padron

565 S.W.2d 921, 100 A.L.R. 3d 880, 21 Tex. Sup. Ct. J. 360, 1978 Tex. LEXIS 336
CourtTexas Supreme Court
DecidedMay 10, 1978
DocketB-6930
StatusPublished
Cited by58 cases

This text of 565 S.W.2d 921 (Ex Parte Padron) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex Parte Padron, 565 S.W.2d 921, 100 A.L.R. 3d 880, 21 Tex. Sup. Ct. J. 360, 1978 Tex. LEXIS 336 (Tex. 1978).

Opinions

POPE, Justice.

Antonio Padrón sought release from the Nueces County jail where he was committed and “confined until such time as he shall consent to and does in fact execute and does sign the foregoing instruments in open court.” This court enlarged relator pending our decision in this case. Our concern has been the identity of the order that Padrón is charged with violating.

An order for civil contempt must be grounded upon one’s disobedience of an order that spells out “the details of compliance in clear, specific and unambiguous terms so that such person will readily know exactly what duties or obligations are imposed upon him.” Ex parte Slavin, 412 S.W.2d 43, 44 (Tex.1967). It is the settled rule that to sentence one to confinement for contempt of a prior court order that the order must be unequivocal. We therefore need to find an order of the trial court which unequivocally commanded Antonio Padrón to execute certain instruments.

On January 20, 1976, Antonio and Maria Padrón were divorced. The decree granted Maria the right to acquire Antonio’s interest in the lot and improvements where the family had lived. She had a period of sixty days in which to pay Antonio $2,703.05, the amount of certain stated debts and an additional sum of $6,231.00 as his interest in the property. The decree further provided that, upon Maria’s failure to exercise her right, the property would be sold and the proceeds would be applied on the community debts. It then provided:

[922]*922Each party hereto shall be reimbursed from such proceeds of sale in an amount equal to the difference between the balance due on the community debts at the time of this judgment and the balance due when such accounts are fully paid. The Respondent (Antonio) is entitled to and is . awarded credit in the amount of $2,050.00 plus one half of the money remaining after payment of all debts from the proceeds of sale as his interest in the real property .

Antonio is not charged with violating that decree, because it ordered him to do nothing.

Maria did not exercise her right to purchase Antonio's interest, so Antonio returned to the divorce court and asked that the court appoint a receiver to effect a sale. After a hearing, the court on April 1, 1976, appointed E. V. De Leon as the receiver. That order stated his powers:

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that a receiver should be appointed, and that E. V. De Leon is a person fully qualified to act as receiver to handle the sale of the property and that an appraisal be ordered to determine the actual value of the property.
******

IT IS FURTHER ADJUDGED AND DECREED, that the receiver upon selling the property deposit in the registry of the Court the sum of said sale, and that upon receipt of the amounts that are to be paid discharge the indebtedness of the parties herein, the attorney’s fees to the respective attorneys and, divide the remaining sum in accordance with the original decree of divorce which is incorporated by reference as is fully set out in this order. That order vested all powers over the property in the receiver and it again required Antonio to do nothing.

On January 27, 1977, E. V. De Leon, the receiver, and Maria filed a motion in the original divorce action asking that Antonio appear and show cause why he should not be held in contempt for willful disobedience of the court’s April 1, 1976, order. The motion is significant. It recites that E. V. De Leon was appointed as receiver, that an appraisal had been made of the property showing it was worth $12,500.00, that Antonio Padrón had been called upon to visit the office of Maria’s attorney for an explanation of the transaction, and that Antonio had gone to the office of Maria’s attorney, but refused to sign any ’documents. The motion to show cause charged that Antonio refused to execute the documents to effect the sale. The specific January 27, 1977 charge against Antonio was:

VII. Movants would show that although Antonio Padrón has been able to execute this contract, he refuses to comply and has willfully disobeyed the orders of this Court by failing to execute the necessary instruments to dispose of the property as per the orders of this court.
VIII. Movants, Maria R. Padrón and E. V. De Leon, pray that the Court set a hearing and issue notice to Respondent to appear and show cause why Respondent should not be held in contempt of Court for willful disobedience of the Court’s order by failing to execute the necessary instruments to permit the sale of the property herein.

Attached to the motion to show cause was a contract of sale which had been signed by Maria Padrón as seller and by Mr. and Mrs. Cantu as buyers. Antonio had refused to sign the contract as one of the sellers. E. V. De Leon, the receiver, was unnamed in the contract of sale even though the court's order of April 1, 1976, named him as “a person fully qualified to act as receiver to handle the sale of the property.” His name, however, was mentioned in the contract as the real estate agent to whom six percent real estate commission was payable.

Antonio appeared for the contempt hearing on February 23, 1977, in answer to the charge. The court, instead of adjudicating the contempt matter, heard evidence and then modified its April 1, 1976 order appointing the receiver. That corrective order was actually dated March 15, 1977, and it made explicit the powers of the receiver:

[923]*923IT IS THEREFORE ADJUDGED AND DECREED that a Receiver should be appointed, and that E. V. De Leon is a person fully qualified to act as a Receiver to handle the sale of the property and that an appraisal should be ordered to determine the actual value of the property. That pursuant to the powers of the Receiver, said E. V. De Leon has the power and authority to execute the appropriate real estate contract in behalf of Maria R. Padrón and Antonio Padrón and to present said real estate contract with the appropriate title company, receive the escrow funds for the purposes of binding the real estate contract and to execute the necessary and proper instruments to consummate the sale to include but not limited to, the real estate contract, warranty deed, and title insurance papers.
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IT IS FURTHER ADJUDGED, AND DECREED that Receiver, upon sale of the property, deposit in the Registry of the Court, the sum of said sale, and that upon receipt of the amounts that are to be paid, discharge the indebtedness of the parties herein; the attorneys’ fees to the respective attorneys; and divide the remaining sum in accordance with the original Decree of Divorce which is incorporated by reference as fully set out in this Order.

To this point, the trial court had made three distinct written orders concerning the disposition of the Padrón house, but Antonio was still not ordered to do anything. The order next above strengthened the earlier defective order and made definite and clear that E. V. De Leon “has the authority to execute the appropriate real estate contract in behalf of Maria R. Padrón and Antonio Padrón . . . [Emphasis added.] The court’s order stated that it was the receiver who had the power to “execute the necessary and proper instruments . . the real estate contract, warranty deed, and title insurance papers.”

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Cite This Page — Counsel Stack

Bluebook (online)
565 S.W.2d 921, 100 A.L.R. 3d 880, 21 Tex. Sup. Ct. J. 360, 1978 Tex. LEXIS 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-padron-tex-1978.