Opinion
No. 05-03-01423-CV.
Opinion issued October 14, 2003.
Original Proceeding from the 296th Judicial District Court, Collin County, Texas, Trial Court Cause No. 296-50833-98.
Writ of Habeas Corpus Denied.
Before Justices WRIGHT, MOSELEY, and RICHTER.
MEMORANDUM OPINION
Relator Bruce Alan Samuels filed an application for writ of habeas corpus in this Court seeking his release from custody pursuant to an order of the 296th Judicial District Court of Collin County. The facts of this original proceeding are known to the parties so we do not recite them here.
In his first issue, relator contends the judgment of contempt and commitment order are void because he has been restrained without any written commitment order for more than a reasonable time. The trial court's order of September 17, 2003 finds relator in contempt, commits him to the county jail of Collin County, and sets forth the ways in which relator can purge himself of the contempt. We conclude the order is not void and deny relator's first issue. In re Hernandez, 827 S.W.2d 858, 858 (Tex. 1992) (orig. proceeding); Ex Parte Johns, 807 S.W.2d 768, 774 (Tex.App.-Dallas 1991, orig. proceeding); In re Dotson, 981 S.W.2d 237, 238 (Tex.App.-Houston [1st Dist.] 1998, orig. proceeding).
In his second issue, relator contends the judgment for contempt and commitment order are void because he was confined for more than five days before a hearing on the contempt motion was held. On September 10, 2003, relator was arrested in a county other than Collin County pursuant to a capias issued on February 18, 2002. Relator was immediately returned to Collin County on September 12, 2003. On September 17, 2003, relator was given a hearing within five days of his return to Collin County. We conclude that relator, who chose to voluntarily absent himself from Collin County, was afforded a proper hearing in Collin County within the time contemplated by the statute. Tex. Fam. Code Ann. § 157.105 (Vernon 2002). We deny relief on relator's second issue.
Having denied relief on all issues raised by relator, we DENY relator's application for writ of habeas corpus. This Court's order of September 29, 2003 releasing relator from the custody of the Sheriff of Collin County is SET ASIDE and the Sheriff of Collin County is ORDERED to immediately take relator Bruce Alan Samuels into custody and commit relator Bruce Alan Samuels to the jail of Collin County until (1) relator Bruce Alan Samuels purges himself of contempt, as provided in the order of September 17, 2003 from the 296th Judicial District Court in case number 296-50833-98 or (2) until further order of the 296th Judicial District Court of Collin County in case number 296-50833-98.