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in Re Stephan Hwang
02-16-00394-CV
| Tex. App. | Nov 22, 2016
|
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Case Information

*1 COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00394-CV IN RE STEPHAN HWANG RELATOR

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ORIGINAL PROCEEDING TRIAL COURT NO. 15-02287-158 ----------

DISSENTING MEMORANDUM OPINION [1]

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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 *2 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

[1] See Tex. R. App. P. 47.4.

Case Details

Case Name: in Re Stephan Hwang
Court Name: Court of Appeals of Texas
Date Published: Nov 22, 2016
Docket Number: 02-16-00394-CV
Court Abbreviation: Tex. App.
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