IN RE: Robert C. Lowry

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Court of Appeals of Texas, Dallas.

IN RE: Robert C. Lowry, M.D., Relator

No. 05–15–00771–CV

Decided: June 30, 2015

Before Justices Lang–Miers, Evans, and Whitehill


Relator filed this petition for writ of mandamus requesting the Court order the trial court to set aside its orders finding relator in contempt of court and ordering him to pay attorney's fees.   Contempt orders that do not involve confinement may be reviewed by a petition for writ of mandamus.  In re Long, 984 S.W.2d 623, 625 (Tex.1999) (orig.proceeding).  In an original proceeding challenging a contempt order, the relator has the burden to show that the order is void.   See In re Aslam, 348 S.W.3d 299, 302 (Tex.App.–Fort Worth 2011, orig. proceeding) (citing In re Coppock, 277 S.W.3d 417, 418 (Tex.2009) (orig.proceeding)).  We conclude relator has failed to establish a right to mandamus relief.   We deny the petition.

Opinion by Justice Lang–Miers