IN RE MILLER

No. 20084.

584 S.W.2d 907 (1979)

In re Byron Eugene MILLER, Relator.

Court of Civil Appeals of Texas, Dallas.

July 11, 1979.


Attorney(s) appearing for the Case

James F. Newth, Dallas, for appellant.

Scott A. Shearer, Dallas, for appellee.

Before AKIN, ROBERTSON and HUMPHREYS, JJ.


AKIN, Justice.

On this writ of habeas corpus our question is whether a judge may commit a father to jail for lateness in making a monthly child support payment, where the petitioner's motion for contempt alleges that the relator has not yet made his monthly payment. We hold that the judge cannot hold relator in contempt and commit him to jail in such a situation because the motion fails to comport with due process insofar as notice is concerned. Accordingly, the order...

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