Opinion
11-23-00261-CV
11-14-2023
IN RE ROSEANNE BERNARD TAVAREZ
Original Habeas Corpus Proceeding
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM
Relator, Roseanne Bernard Tavarez, has filed in this court a petition for writ of habeas corpus in which she seeks relief from an order committing her to the Ector County Jail. The order at issue relates to a civil proceeding, Cause No. B-19-08-1112-CV, in the 161st District Court of Ector County, Texas. According to the trial court's docket sheet, the Honorable Justin Low found Relator in contempt, ordered her to serve 10 days in the Ector County Jail, and stated that Relator "may purge herself of contempt by complying with discovery requests." After reviewing the petition filed by Relator and on our own motion, we conclude that a reasonable bond should be set. See TEX. R. APP. P. 52.8(b)(3), 52.10(b).
Accordingly, we order that Relator be discharged from custody or the threat of custody based upon the underlying order if Relator files with the Sheriff of Ector County a good and sufficient bond in the amount of $1,000, conditioned as required by law, plus all expenses which may be incurred by peace officers in rearresting Relator in the event that Relator fails to appear at a hearing before this court or violates some other condition of the bond. See TEX. R. APP. P. 52.8(b)(3), 52.10(b); see also TEX. GOV'T CODE ANN. § 22.221(d) (West Supp. 2023).
In the event Relator gives such bond, the Sheriff of Ector County is ordered to immediately forward a certified copy of the bond to the clerk of this court. This order releases Relator only from custody under the commitment order issued by the 161st District Court of Ector County, Texas, on or about November 13, 2023.
We request that Talco-EZ Flow Control, Inc., Real Party in Interest, file a response to the petition for writ of habeas corpus on or before November 27, 2023. If Respondent, Judge Low, desires to file a response, it is also due on or before November 27, 2023. This order will remain in effect pending this court's decision on the petition for writ of habeas corpus or until further order of this court.