in Re Frank Herrera, Jr.

• Court: Court of Appeals of Texas
• Decided: December 10, 2009
• Docket: 01-09-01042-CV
• Status: Published

Opinion

Opinion issued December 10, 2009

In The

Court of Appeals

For the

First District of Texas

____________

NO. 01-09-01042-CV

IN RE FRANK HERRERA, JR., Relator

Original Proceeding on Petition for Writ of Habeas Corpus

MEMORANDUM OPINION Although relator, Frank Herrera, entitles the document he filed with this Court a "Notice of Appeal," we construe it as a petition for writ of habeas corpus because we have no jurisdiction to consider an appeal from a commitment order for contempt for failure to pay child support. See Vernon v. Vernon, 225 S.W.3d 179, 180 (Tex. App.--El Paso 2005, orig. proceeding) (holding court of appeals lacks jurisdiction to review contempt order on direct appeal; rather such order must be considered upon application for writ of habeas corpus). The contents of petitions for writs of habeas corpus are governed by Texas Rule of Appellate Procedure 52.3. Without prejudice to refiling, we deny relator's petition because it does not comply with that rule in the following respects:

(1) if the respondent is a judge, it does not contain the name of the judge; Tex. R. App. P. 52.3(d)(2);

(2) a concise description of the respondent's action from which the relator seeks relief; Tex. R. App. P. 52.3(d)(3);

(3) if relator seeks a writ of habeas corpus, a statement describing how and where the relator is being deprived of liberty; Tex. R. App. P. 52.3(d)(4)

(4) the petition must state concisely all issues or points presented for relief; Tex. R. App. P. 52.3(f)

(5) the petition must state concisely and without argument the facts pertinent to the issues or points presented with every statement of fact in the petition supported by citation to competent evidence included in the appendix or record; Tex. R. App. P. 52.3(g);

(6) the petition must contain a clear and concise argument for the contentions made, with appropriate citation to authorities and to the appendix or record; Tex. R. App. P. 52.3(h);

(7) the person filing the petition must certify that he or she has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record; Tex. R. App. P. 52.3(j);

(8) the appendix must contain a certified or sworn copy of any order complained of, or any other document showing the matter complained of; Tex. R. App. P. 52.3(k)(1)(A);

(9) if a writ of habeas corpus is sought, proof that the relator is being restrained. Tex. R. App. P. 52.3(k)(1)(D).

(10) a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained. Tex. R. App. P. 52.3(k)(2).

PER CURIAMPanel consists of Justices Keyes, Alcala, and Hanks.