Summary
declaring both oral contempt order and written commitment order void when three days elapsed between hearing and signing of order
Summary of this case from In re ClarkOpinion
No. 05-06-00318-CV
Opinion issued April 18, 2006.
Original Proceeding from the 401st Judicial District Court, Collin County, Texas, Trial Court Cause No. 401-54571-04.
Writ of Habeas Corpus Granted.
Before Justices MOSELEY, BRIDGES, and FRANCIS.
MEMORANDUM OPINION
In this habeas corpus proceeding, relator Pamela Elaine White complains of her illegal confinement pursuant to the trial court's oral and written orders. Relator asks this Court to discharge her from confinement. We grant the petition for writ of habeas corpus.
The final divorce decree between the relator and the real party in interest, Jeffrey Alan White, was signed on December 30, 2005. Thereafter, Jeffrey filed a motion for enforcement. On Friday, March 10, 2006, after an all day hearing on this motion, the trial court held Pamela in contempt for violations of the divorce decree and orally ordered her confined in the Collin County jail until March 17, 2006. On Monday, March 13, 2006, relator filed petition for writ of habeas corpus with this Court stating that Pamela had been incarcerated since late Friday afternoon and, that at the time of filing the petition, no written contempt or commitment order had been signed by the trial court. On March 13, 2006, this Court ordered relator released on bond pending further order. Ten days later, this Court received a supplemental record containing the trial court's "Order Holding Respondent in Contempt and for Commitment to County Jail," signed on Monday, March 13, 2006.
Relator contends she should be released from confinement because the oral order and the delayed written order are void for lack of due process. We agree. In Ex parte Calvillo Amaya, 748 S.W.2d 224 (Tex. 1988), the supreme court considered a petition for writ of habeas corpus wherein the relator, found in contempt for acts committed outside the presence of the court, was orally ordered confined by the trial court on a Friday afternoon and, thereafter, on the following Monday, the trial court signed a written commitment order. The supreme court held that a three-day delay in signing a written order was a violation of due process and ordered the relator released. Id. at 225.
Similarly, in Ex parte Jordan, 865 S.W.2d 459 (Tex. 1993), the supreme court considered this same sequence of events of a Friday afternoon oral commitment order for contemptuous acts committed outside of the presence of the courtroom followed by the signing of a written order on the following Monday. As in Amaya, the supreme court declared void both the Friday oral commitment order and the following Monday written order and ordered Jordan released. Id.
Accordingly, we hold both the Friday, March 10, 2006 oral order and the Monday, March 13, 2006 written order to be void for lack of due process. Amaya, 748 S.W.2d at 225; Jordan, 865 S.W.2d 459. We grant habeas corpus relief and order relator Pamela Elaine White be unconditionally released and discharged from the custody of Sheriff of Collin County pursuant to, and only from, the oral March 10, 2006 order and the written March 13, 2006 order holding relator in contempt and granting judgment for commitment to county jail, issued by the judge of the 401st Judicial District Court of Collin County, Texas in cause number 401-54571-04, styled In the Matter of Marriage of Jeffrey Alan White and Pam Elaine White and in the Interest of Alexis Kristi White and Alyssa White, Children.