in Re Stephan Hwang

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 OPINION1 ----------

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 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