Opinion
11-24-00184-CV
07-01-2024
IN RE T.S.M.
Original Habeas Corpus Proceeding
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM
Relator, T.S.M., has filed in this court a petition for writ of habeas corpus in which she seeks relief from an order of enforcement by contempt that was issued by the Honorable Brooks Hagler in conjunction with an enforcement action arising from a divorce proceeding: trial court cause no. 025463 in the 259th District Court of Jones County, Texas. Relator has also filed a motion for emergency temporary relief wherein she asks this court to set a reasonable bond pending the outcome of the habeas corpus proceeding. After reviewing the petition and the appendix filed by Relator, as well as the motion, we agree that a reasonable bond should be set. See Tex. R. App. P. 52.8(b)(3) (permitting this court to order Relator's discharge on bond if we are "of the tentative opinion that relator is entitled to the relief sought or that a serious question concerning the relief requires further consideration").
Relator has only identified herself by her initials.
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 Jones 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 Jones 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 on or about June 27, 2024 by the 259th District Court of Jones County, Texas.
We request that T.W.M., Real Party in Interest, file a response to the petition for writ of habeas corpus on or before July 15, 2024. If Judge Hagler desires to file a response, it is also due on or before July 15, 2024. 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.
Relator has only identified Real Party in Interest by his initials.