Ex parte Boyle – Case Brief Summary (Texas)

In Ex parte Boyle, 545 S.W.2d 25, 28 (Tex. App.--Houston 1st Dist. 1976, orig. proceeding), Boyle contended that the order of commitment was void because it required him to pay attorney's fees when his former spouse had not requested attorney's fees in her motion for contempt. Id. at 28.

In rejecting that complaint, we noted that the contempt proceeding was brought pursuant to former Texas Rule of Civil Procedure 308-A, which provided that the attorney representing the child support obligee should file with the clerk of the court a written statement, verified by the affidavit of the child support claimant, describing the child support obligor's claimed disobedience of the trial court's child support order. Id.

The Court noted particularly, that former Rule 308-A went on to provide that "'no further written pleadings shall be required.'" Id.

The Court also noted that the attorney for the movant asked for attorney's fees during the case. Id.