In re Gerardo S. Rodriguez--Appeal from County Court at Law No 2 of Webb County

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: June 2, 2004

HABEAS CORPUS RELIEF GRANTED

On May 7, 2004, Gerardo S. Rodriguez filed a petition for writ of habeas corpus alleging he is illegally confined in the Webb County Jail after being held in both criminal and civil contempt for failing to pay child support. Because the court was of the opinion the petition raised a serious question requiring further consideration, we ordered Rodriguez's bond reduced and ordered the Attorney General to file a response to the petition. The Attorney General has responded, conceding that both the civil and criminal contempt orders are void. The trial court's contempt orders were based on findings Rodriguez failed to pay amounts that included support for both his children on certain dates. However, the trial court had lost jurisdiction to render a contempt order for failure to comply with the child support order with respect to Rodriguez's older child. See Tex. Fam. Code Ann. 157.005(a) (Vernon 2002). A contempt order that is based on several obligations, one of which is not enforceable by contempt, is void. See Ex parte Rogers, 820 S.W.2d 35 (Tex. App.-Corpus Christi 1991, orig. proceeding) (holding contempt order based on past due support for three children was void because support obligation for two of the children had ended more than six months before motion to enforce was filed). We therefore hold Rodriguez is being illegally restrained and order him immediately discharged and released from any bond he has posted in this cause.

PER CURIAM

1. This proceeding arises out of Cause No. 1996-CVO-000239-C3, styled In the Interest of G.R., Jr., and J.S.R., Minor Children, pending in the County Court at Law No. 2 of Webb County, Texas, the Honorable Jesus Garza presiding. Relator is confined by Juan Garza, Sheriff of Webb County, Texas, on the authority of commitment orders signed by the Honorable Pat Priest, Visiting Judge sitting by assignment and by the Honorable Jesus Garza.