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IN RE ROWE

No. 03-03-00365-CV.

113 S.W.3d 749 (2003)

In re Daniel J. ROWE.

Court of Appeals of Texas, Austin.

July 23, 2003.

Attorney(s) appearing for the Case

George T. Dunn, Lockhart, for Fitzpatrick.

Mark E. Cusack, Law Office of Mark E. Cusack, San Marcos, for Rowe.

Before Chief Justice LAW, Justices B.A. SMITH and PURYEAR.

OPINION

BEA ANN SMITH, Justice.

In this original proceeding, relator Daniel J. Rowe seeks a writ of habeas corpus, arguing he is illegally restrained of his liberty by virtue of an order holding Rowe in contempt and for commitment issued by the district court. We grant Rowe's writ of habeas corpus.

BACKGROUND

The facts precipitating Rowe's commitment are undisputed. Rowe and his wife at the time, Tina Marie Fitzpatrick, had a son...

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