In re Sellers

OPINION

O’CONNOR, Justice.

The proceeding arises from an order holding Milton Sellers, the relator, in contempt for failure to pay child support. The real party in interest is Nancy Sellers, the relator’s former wife and the mother of their cMld. In his petition for writ of habeas corpus the relator alleges he is illegally restrained.

On December 4, 1997, after the hearing on Nancy’s motion for contempt, the trial judge signed an order of commitment. The relator was released from custody that same day, apparently because the Sheriff did not have the written commitment order. On December 19,…