Ex Parte Roan

887 S.W.2d 462, 1994 Tex. App. LEXIS 2930, 1994 WL 401503
CourtCourt of Appeals of Texas
DecidedAugust 3, 1994
Docket05-94-00785-CV
StatusPublished
Cited by19 cases

This text of 887 S.W.2d 462 (Ex Parte Roan) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex Parte Roan, 887 S.W.2d 462, 1994 Tex. App. LEXIS 2930, 1994 WL 401503 (Tex. Ct. App. 1994).

Opinion

OPINION

BAKER, Justice.

This is an original habeas corpus proceeding. The 116th District Court of Dallas County found relator violated the court’s turnover order. Among other things, the trial court found relator in contempt for not paying $500 in attorney’s fees awarded to the judgment creditors in the turnover order. *463 The trial court’s contempt judgment ordered relator punished by incarceration in the county jail for fifteen days. The court also ordered relator’s jail term to continue after the fifteen days until relator paid $10,000 into the trial court’s registry for the judgment creditors’ benefit.

We hold the Texas Constitution prohibits the trial court from enforcing the attorney’s fee award in the turnover order by contempt and incarcerating relator for a definite term of days. We further hold the Texas Constitution prohibits the trial court from conditioning relator’s release upon the payment of $10,000 into the trial court’s registry for the judgment creditors’ benefit. We order relator discharged.

THE UNDERLYING LITIGATION

In January 1993, the trial court signed an agreed judgment ordering relator and his wife, Jennifer, to pay Leo Minor $75,000 and to pay ATCOD, Inc. $50,000. The relator and his wife did not appeal from this agreed judgment. In September 1993, Minor filed an application for turnover relief. On September 27, 1993, the court signed a turnover order.

A. The Turnover Order

One provision of the turnover order provided that:

Leo Minor and Associates have and recover costs and attorney’s fees pursuant to statute in the amount of $500....

Another provision of the turnover order required relator to turn over property in the form of income received to Minor and AT-COD. Minor and ATCOD received no payments on the judgment. Minor filed a third motion for contempt, which the trial court heard on May 19, 1994. The next day, the trial court signed a contempt judgment. In the contempt judgment, the trial court found that Minor and ATCOD had incurred additional attorney’s fees totaling $24,040. The trial court added this amount to the January 1993 judgment. The trial court also found relator contemptuously did not pay Minor $500 in attorney’s fees as ordered in the turnover order.

B. The Contempt Judgment

In the contempt judgment, the trial court stated:

(6) that David Roan is guilty of violation of the court’s September 27,1993 Turnover Order in the following respects:
(d) The court finds that David Roan failed to pay the sum of $500 in attorney’s fees to Leo Minor that he was ordered to pay on September 27,1993.

The court held relator in contempt for "violation of the court’s turnover order and ordered:

As punishment for such contempt, David Roan shall be incarcerated in the county jail of Dallas County, Texas for the stated definite period of fifteen (15) days, beginning at 5:00 p.m. on Friday, May 20, 1994, and concluding at 5:00 p.m. on Friday, June 3, 1994. The court-ordered jail term shall continue thereafter from day to day, beyond June 3, 1994, until David Roan purges himself of his contempt of court by paying the sum of $10,000.00 into the registry of the court, for the benefit of the judgment creditors.

Relator applied to this Court for writ of habeas corpus. We released relator on bond pending a hearing.

THE PARTIES’ CONTENTIONS

Relator first complains the trial court abused its discretion in holding him in contempt and confining him for fifteen days. Relator claims the order confining him is imprisonment for nonpayment of a debt in violation of the Texas Constitution. Relator also complains the trial court abused its discretion in requiring him to pay $10,000 into the trial court’s registry for the judgment creditor’s benefit to secure his release from jail. Relator argues the trial court lacked jurisdiction to change its January 1993 judgment by adding more attorney’s fees to that judgment. Relator contends the order adding these fees to the judgment is void. Relator concludes the trial court cannot require him to pay these fees to purge himself of contempt.

*464 Minor and ATCOD contend contempt is a proper and lawful method for a trial court to enforce a turnover order. They also argue the trial court’s contempt judgment is not imprisonment for debt in violation of the Texas Constitution.

APPLICABLE LAW

A.Burden of Proof

An original habeas corpus proceeding is a collateral attack on the contempt judgment. See Ex parte Rohleder, 424 S.W.2d 891, 892 (Tex.1967) (orig. proceeding). In a habeas corpus proceeding, a relator bears the burden to show the contempt order is void and not merely voidable. Ex parte Lowery, 518 S.W.2d 897, 899 (Tex.Civ.App.—Beaumont 1975, orig. proceeding); Ex parte Holloway, 490 S.W.2d 624, 626 (Tex.Civ.App.— Dallas 1973, orig. proceeding). A relator must conclusively show his entitlement to the writ. Ex parte Crawford, 506 S.W.2d 920, 922 (Tex.Civ.App.-Tyler 1974, orig. proceeding).

B.Standard of Review

In an original habeas corpus proceeding, we do not weigh the evidence offered at the contempt hearing to determine whether it preponderates against the judgment. Ex parte Helms, 152 Tex. 480, 259 S.W.2d 184, 186 (1953) (orig. proceeding); Ex parte Linder, 783 S.W.2d 754, 760 (Tex.App.—Dallas 1990, orig. proceeding). We accord to the trial court the right to judge the witnesses’ credibility and the testimonial weight. See Ex parte Elmore, 161 Tex. 585, 342 S.W.2d 558, 561 (1961) (orig. proceeding); Ex parte Karr, 663 S.W.2d 534, 538 (Tex.App.—Amarillo 1988, orig. proceeding).

We only determine if the trial court’s findings are so completely without evidentiary support that the judgment deprives a relator of liberty without due process of law. Ex parte Helms, 259 S.W.2d at 186; Ex parte Karr, 663 S.W.2d at 537. In short, we do not review the trial court’s exercise of its discretion or the sufficiency of the evidence to support the trial court’s action. Ex parte La Rocca, 154 Tex. 618, 282 S.W.2d 700, 703 (1955) (orig. proceeding); Ex parte Hosken, 480 S.W.2d 18

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Bluebook (online)
887 S.W.2d 462, 1994 Tex. App. LEXIS 2930, 1994 WL 401503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-roan-texapp-1994.