In re Stephan Hwang Appeal from 158th District Court of Denton County (dissenting memorandum opinion )

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00394-CV IN RE STEPHAN HWANG RELATOR ---------ORIGINAL PROCEEDING TRIAL COURT NO. 15-02287-158 ---------- DISSENTING MEMORANDUM OPINION1 ---------I respectfully dissent. Relator alleges that Respondent gave an order in open court for Relator to appear before him on October 24, 2016, to face a contempt hearing if payment had not been made on the assessed sanctions (attorney’s fees), and we stayed that proceeding while considering Relator’s petition. A trial court has no authority to hold a party in contempt for failing to pay 1 See Tex. R. App. P. 47.4. attorney’s fees assessed as discovery sanctions. See In re McLaurin, 467 S.W.3d 561, 564–66 (Tex. App.—Houston [1st Dist.] 2015, orig. proceeding) (granting habeas relief when any imprisonment of relator for either civil or criminal contempt for failure to pay a debt—attorney’s fees assessed as sanctions—was void). Therefore, in the interest of conserving judicial resources, I would have requested a response to address the trial court’s contempt authority under the circumstances presented by this case to avoid the necessity of addressing this issue in a subsequent original proceeding for habeas corpus relief. Because the majority opinion does not, I dissent. /s/ Bonnie Sudderth BONNIE SUDDERTH JUSTICE DELIVERED: November 22, 2016 2

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