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Rosser v. Squier

Supreme Court of Texas
Jun 29, 1995
902 S.W.2d 962 (Tex. 1995)

Summary

holding that relator was not physically restrained for the purpose of habeas corpus relief because the trial court only assessed a fine against him

Summary of this case from In re Zabiegala

Opinion

No. 95-0370.

June 29, 1995.

Herbert Neil Lackshin, Houston, for relator.

Reginald A. Hirsch, Houston, Dennis B. Kelly, The Law Offices of Dennis B. Kelly, Stewart W. Gagnon, Fulbright Jaworski, Houston, for respondent.


Nancy Jean Rosser filed a contempt motion against her former husband, Thomas Johnson Rosser, alleging six counts of contempt. After notice and hearing, the trial court convicted Thomas of all six counts of contempt, and assessed no confinement, but as punishment assessed a fine of $45,000.00 payable to a third party. Thomas seeks mandamus relief against this order and related orders.

Habeas corpus relief is not available because there is no physical restraint. Ex parte Williams, 690 S.W.2d 243 (Tex. 1985). To the extent that Thomas seeks mandamus relief from a fine assessed under a contempt order because the excessive amount of the fine was void, this court will entertain mandamus jurisdiction. Deramus v. Thornton, 160 Tex. 494, 333 S.W.2d 824 (1960); see also Kidd v. Lance, 794 S.W.2d 586, 587 n. 1 (Tex.App. — Austin 1990, orig. proceeding). Under TEX. GOV'T CODE § 21.002(b), the trial court lacks jurisdiction to assess a fine of more than $500 for each contempt. Ex parte Carey, 704 S.W.2d 13, 14 (Tex. 1986); Ex parte Campbell, 417 S.W.2d 585 (Tex. 1967). The fine beyond the maximum is void. For six counts, the maximum fine is $3,000.00.

Without hearing argument, a majority of the court conditionally grants the writ of mandamus directing Judge Squier to reduce the fine to $3,000 payable to the court, because his contempt judgment conflicts with TEX.GOV'T CODE § 21.002(b), Ex parte Carey, and Ex parte Campbell. TEX.R.APP.P. 122. All relief not expressly granted is denied.


Summaries of

Rosser v. Squier

Supreme Court of Texas
Jun 29, 1995
902 S.W.2d 962 (Tex. 1995)

holding that relator was not physically restrained for the purpose of habeas corpus relief because the trial court only assessed a fine against him

Summary of this case from In re Zabiegala

granting mandamus relief from void portion of contempt judgment

Summary of this case from In re Honermann-Garinger

In Rosser and In re Long, we declined to read the limitations in our habeas statute as a legislative prohibition against our exercise of mandamus jurisdiction.

Summary of this case from In re Reece

entertaining the exercise of mandamus jurisdiction to determine whether fine-only contempt order was void, given the unavailability of the Court's habeas jurisdiction

Summary of this case from In re Reece

noting contempt fine is payable to the court

Summary of this case from Brown v. De La Cruz

issuing mandamus to invalidate fine exceeding $500 limit imposed by Government Code when no incarceration was at issue

Summary of this case from Chavira v. Quarry Hills Management, LLC

entertaining the exercise of mandamus jurisdiction to determine whether fine-only contempt order was void, given unavailability of court's habeas jurisdiction

Summary of this case from In re Kuster

noting that there must be a restraint on relator's liberty for court to consider habeas petition

Summary of this case from In re Hayes

stating that habeas corpus relief is not available if there is no physical restraint

Summary of this case from In re Lozano
Case details for

Rosser v. Squier

Case Details

Full title:Thomas Johnson ROSSER, Relator, The Honorable James D. SQUIER, Judge…

Court:Supreme Court of Texas

Date published: Jun 29, 1995

Citations

902 S.W.2d 962 (Tex. 1995)

Citing Cases

In re Zenergy, Inc.

In Rosser, mandamus review was proper because the contempt order at issue assessed no confinement thus…

In re Reece

On this basis, we have held mandamus is available to challenge an order of contempt not involving confinement…