Opinion
No. 08-15-00277-CV
11-17-2015
Clean Fuel Technologies II, LLC, a Texas limited liability company, Appellant, v. E.L. Hollingsworth & Co., a Michigan corporation, Appellee.
Appeal from the 120th District Court of El Paso County, Texas (TC# 2015-DCV0527) O RDER
Pending before the Court is E.L. Hollingsworth & Company's motion to hold Clean Fuel Technologies II, LLC (Clean Fuel), in contempt for failing to comply with the requirements of the trial court's amended temporary injunction. When a judgment or appealable order has not been superseded or stayed pending an appeal, a court of appeals court has authority to entertain a motion for contempt, but the better practice is for the court of appeals to refer that motion to the trial court for hearing and factfinding. See In re Sheshtawy, 154 S.W.3d 114, 123 (Tex. 2004). Accordingly, pursuant to TEX.R.APP.P. 29.4(b), we refer the motion for contempt to the trial court for hearing within thirty days of the date of this order. The trial court is also directed to make written findings of fact and conclusions of law as well as a recommendation on the motion for contempt. The findings of fact/conclusions of law and recommendation should be filed with the trial court clerk within fifteen days after the conclusion of the hearing. The trial court clerk is ordered to prepare and file in this Court a supplemental clerk's record containing the findings of fact/conclusions of law and recommendation within ten days after the findings and conclusions are filed with the trial court clerk. Additionally, the court reporter is directed to prepare and file a supplemental reporter's record of the hearing within fifteen days after the conclusion of the hearing.
Clean Fuel must be provided with constitutionally sufficient notice prior to the hearing. See In re Warrick, No. 08-13-00255-CR, 2014 WL 2466105 at *6 (Tex.App.--El Paso May 30, 2014, orig. proceeding)(stating that the notice must be personally served on the alleged contemnor in a motion for contempt filed by an opposing party, a show cause order issued by the court, or equivalent legal process; service on the alleged contemnor's attorney is inadequate). The record before us does not reflect that Clean Fuel has been personally served with the motion for contempt. --------
IT IS SO ORDERED this 17th day of November, 2015.
PER CURIAM Before McClure, C.J., Rodriguez and Hughes, JJ.