Opinion · Texas Supreme Court
Rosser v. Squier
38 Tex. Sup. Ct. J. 988
- Type
- Opinion
- Court
- Texas Supreme Court
- Jurisdiction
- Texas
- Date
- 1995-06-29
- Topic
- litigation
holding that $45,000 fine exceeded trial court’s jurisdiction because Texas Government Code only allows $500 fine for each violation | noting that there must be a restraint on relator’s liberty for court to consider habeas petition | appellate courts lack appellate jurisdiction to review the trial court's actions in holding an individual in contempt, though they may review the action in an original writ proceeding | “Habeas corpus relief is not available because there is no physical restraint.” | granting mandamus relief from void portion of contempt judgment | granting mandamus relief from void portion of contempt judgment
Citator
- Cited by
- 51 opinions
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.