Ex Parte David Beall Davis--Appeal from of County

NO. 10-90-155-CV

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

* * * * * * * * * * * * *

EX PARTE DAVID BEALL DAVIS

* * * * * * * * * * * * *

Original Proceeding

* * * * * * * * * * * * *

O P I N I O N

* * * * * * *

This is an original habeas corpus proceeding. David Davis' ex-wife, Dian, asked the County Court at Law of Ellis County to hold him in contempt for failing to pay $13,653.01 in court-ordered child support and for failing to make mortgage payments on land owned by the parties but yet to be sold under the divorce decree. The court entered the following order: "After taking testimony, the Court finds the arrearage to be $13,653.01. The Respondent, David Bell Davis, is ordered confined in the Ellis County Jail until he purges himself of the contempt by paying the arrearage, $500.00 in attorneys fees and all costs of court to the Ellis County District Clerks Office." Davis contends the contempt order and commitment are void because they are not specific enough to comply with section 14.33(a) of the Texas Family Code. See Tex. Fam. Code Ann. 14.33(a) (Vernon Supp. 1991).

A contempt order that imposes incarceration or a fine "must contain findings setting out specifically and with particularity or incorporating by reference the provisions of the final order, decree, or judgment for which enforcement was sought and the time, date and place of each occasion on which the respondent failed to comply with the provision and setting out the relief awarded by the court." Id. The order holding Davis in contempt and ordering him confined in jail is void because it lacked the required specificity. See Ex parte Holland, 790 S.W.2d 568 (Tex. 1989).

After hearing oral argument, a writ of habeas corpus is granted. See Tex. R. App. P. 120(g). Davis is ordered discharged.

PER CURIAM

Before Chief Justice Thomas, Chief Justice McDonald

(Retired) and Justice James (Retired)

Writ granted and Relator discharged

Opinion delivered and filed January 31, 1991

Do not publish