• COURT OF APPEALS OF TEXAS, FIRST DISTRICT, HOUSTON
  • Laura Carter Higley
The relator seeks habeas corpus relief from a civil contempt order and seeks a writ of prohibition preventing the trial court from holding criminal contempt proceedings. The order's purging condition does not clearly or specifically notify relator of the action he needs to take to purge himself of contempt and escape the restraint on his liberty. The provision fails to specify the type of document relator is required to execute and record in order to vacate the substitute trustee's deed and leaves open for interpretation the form of the required document, given that the only guideline is that it must be in a "form acceptable to the [trial court]." The contempt order is void, the writ of habeas corpus is granted. The writ of prohibition is denied because the relator failed to demonstrate how the alleged criminal contempt proceedings involving relator are a threat to the subject matter of an appeal currently pending in the court of appeals. Houston's 1st Court of Appeals, No. 01-13-01001-CV, No. 01-13-01094-CV, 06-12-2014