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In re Luebe

None of appellant's contentions attacking the punitive contempt confinement provisions of the August 10, 2009, enforcement order have merit. Therefore, the court remands appellant to the custody of the sheriff to complete the remainder of his service of the 180-day punitive-contempt confinement. Furthermore, appellant's challenges to the civil-coercive-contempt confinement without prejudice to refile them upon his completion of the punitive-contempt sentence are premature. Houston's 1st Court of Appeals, No. 01-09-00908-CV, 04-05-2010

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Original Petition for Writ of Habeas Corpus.

OPINION

Relator, Mark D. Luebe (Mark), requests habeas corpus relief from the August 10, 2009 “Order Enforcing Child Support Obligation and Commitment Order” (“enforcement order”). In four issues concerning his challenge to the punitive-contempt portion of the order, Mark contends he was not properly notified of the contempt charges, the contents of the enforcement order were inadequate to hold him in contempt, he was denied the right to a jury trial, and the prosecutor was improperly the beneficiary of the order sought to be enforced. Mark’s remaining three issues assert the divorce decree was ambiguous, the motion for enforcement violated double jeopardy, and the coercive contempt was illegal due to his inability to pay.*fn1 We deny habeas corpus relief regarding Mark’s challenges to the punitive-contempt confinement portion of the enforcement order and dismiss as premature Mark’s challenges to the coercive-contempt confinement portion of the enforcement order.

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