Ex Parte Swate

On Petition FOR WRIT of Habeas CORPUS

in which PHILLIPS, Chief Justice, HECHT, CORNYN, SPECTOR, BAKER, and ABBOTT, Justices join. GONZALEZ, Justice, filed a concurring opinion, in which OWEN, Justice, joins.

Relator Judy Cox Swate petitions this Court for writ of habeas corpus from a commitment order issued in connection with a turnover order. Because we hold that the commitment order is void, we order Relator discharged.

This case has a convoluted procedural history. . See Ex parte Swate, 874 S.W.2d 831 (Tex.App.—Houston [14th Dist.] 1994, orig. proceeding); Eikenburg v. Webb, 880 S.W.2d 781…