in Re Joseph Peter Eguia

• Court: Court of Appeals of Texas
• Decided: July 6, 2006
• Docket: 14-06-00516-CV
• Status: Published

Opinion

Petition for Writ of Habeas Corpus Granted and Memorandum Opinion filed July 6, 2006

Petition for Writ of Habeas Corpus Granted and Memorandum Opinion filed July 6, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00516-CV

IN RE JOSEPH PETER EGUIA, Relator

ORIGINAL PROCEEDING

WRIT OF HABEAS CORPUS

M E M O R A N D U M  O P I N I O N

On June 9, 2006, relator, Joseph Peter Eguia, filed a petition for writ of habeas corpus.  See Tex. Gov=t Code Ann. ' 22.221(d) (Vernon Supp. 2001);  see also Tex. R. App. P. 52.  A judgment of contempt for failure to pay temporary spousal support was entered against relator on June 8, 2006, by the 309th District Court of Harris County.  Relator was incarcerated pursuant to a commitment order contained within the judgment. 

Relator contends the commitment order is void because it does not list the dates and amounts of the payments he allegedly failed to make and lists an ambiguous release date.  We agree.  Family Code Section 157.166 requires that the dates and amounts of failed payments and the date of release be contained within a commitment order.  Tex. Fam. Code Ann. ' 157.166 (Vernon 2005).  This required information is not listed in the commitment order in this case.  Therefore, the commitment order is void.  See Ex parte Garcia, 795 S.W.2d 740, 741 (Tex. 1990).  Accordingly, we grant relator=s petition for writ of habeas corpus.   

PER CURIAM

Petition Granted and Memorandum Opinion filed July 6, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.