In re Rene Bosquez Hiller--Appeal from 73rd Judicial District Court of Bexar County

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: July 30, 2003

PETITION FOR WRIT OF HABEAS CORPUS DENIED

Relator, Rene Bosquez Hiller, filed a petition for writ of habeas corpus complaining of a contempt order arising out of his failure to pay court ordered child support. The petition does not comply with Rule 52 of the Texas Rules of Appellate Procedure because it does not contain:

1. a complete list of all parties and the names and addresses of all counsel. Tex. R. App. P. 52.3(a).

2. a table of contents, indicating the subject matter of each issue or point, with references to the pages of the petition. Tex. R. App. P. 52.3(b).

3. an index of authorities arranged alphabetically and indicating the pages of the petition where the authorities are cited. Tex. R. App. P. 52.3(c).

4. a description of how and where the relator is being deprived of liberty. Tex. R. App. P. 52.3(d)(4).

5. a statement of jurisdiction. Tex. R. App. P. 52.3(e).

6. an appendix, containing a copy of the commitment order or other proof of restraint. Tex. R. App. P. 52.3(j)(1)(D).

7. a record, containing:

(a) a certified or sworn copy of every document material to relator's claim for relief and that was filed in the underlying proceeding. Tex. R. App. P. 52.7(a)(1).

(b) a properly authenticated transcript of any relevant testimony from the underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained. Tex. R. App. P. 52.7(a)(2).

Hiller also failed to file an affidavit of indigence which, if upheld, would enable him to obtain a free copy of the clerk's record and reporter's record from the district court. See Tex. R. App. P. 20.1(c)(2). Without a record of the proceedings below, this court cannot determine whether Hiller is entitled to the relief which he seeks. Accordingly, we deny Hiller's petition for writ of habeas corpus without prejudice to his refiling a petition in compliance with Rule 52 of the Texas Rules of Appellate Procedure. Tex. R. App. P. 52.8(a).

PER CURIAM

1. This proceeding arises out of Cause No. 1990-EM5-01513, styled In the Interest of D.J.P, a Child, pending in the 73rd Judicial District Court, Bexar County, Texas, Master Jim A. Rausch presiding.