In Re Johnny Joseph Chavez III v. the State of Texas
CourtTexas Court of Appeals, 7th District (Amarillo)
Date FiledJuly 14, 2026
Docket07-26-00277-CV
StatusPublished
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Full Opinion
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-26-00277-CV
IN RE JOHNNY JOSEPH CHAVEZ III
ORIGINAL PROCEEDING
July 14, 2026
MEMORANDUM OPINION
Before DOSS and YARBROUGH and PRATT, JJ.
In this original habeas corpus proceeding, the trial court held Relator Johnny
Jospeh Chavez III in contempt for failure to pay child support. Because Relator’s petition
fails to comply with the requirements of Texas Rule of Appellate Procedure 52.3(b)–(i),
we deny his habeas relief.
Relator advances the following complaints with regard to the contempt procedure
and order: (1) the trial court failed to notify him to his right to counsel upon an indigency
determination; (2) he was not properly noticed and served; (3) the trial court failed to make
ability-to-pay findings; (4) he was denied due process and the trial court refused to
consider evidence; (5) there were procedural violations regarding his affidavit of inability
to afford costs under Texas Rule of Civil Procedure 145; and (6) the judgment identified
only one contempt finding for failure to pay, despite the petition alleging several violations.
However, beyond mere conclusory statements, Relator provides no substantive
analysis of his arguments, citations to controlling case law, or references to the record. 1
Although Relator does provide a few sentences in his argument for his sixth ground, he
still fails to cite any authority that would require a trial court to find and include more than
one act of contempt to support the order here. Failure to include a substantive analysis
and provide citations to relevant authority are grounds for denying relief. See In re Kuhler,
60 S.W.3d 381, 384 (Tex. App.—Amarillo 2001, no pet.) (orig. proceeding) (denying
mandamus relief where relator made mere conclusory claims in his petition); see also In
re Moore, No. 12-04-00229-CV, 2004 Tex. App. LEXIS 6266, *1 (Tex. App.—Tyler July
14, 2004, no pet.) (orig. proceeding) (denying habeas relief for failing to make a clear and
concise argument with appropriate citations).
Because Relator failed to provide clear arguments for his complaint with
appropriate citations to authority and the record, we deny his petition for writ of habeas
corpus. See TEX. R. APP. P. 52.3(i).
Per Curiam
1 Relator cites to two family code statutes regarding the requirements of a hearing and order on
contempt but otherwise provides no analysis as to the effect of failure to comply with those requirements.
To find the controlling authority for Relator, develop his argument, and then rule on it would take us out of
our role as a neutral adjudicator and become his advocate—a role we cannot take. See Bonner v. Mezzo
Gardens LP, No. 07-26-00051-CV, 2026 Tex. App. LEXIS 2013, *3 (Tex. App.—Amarillo June 29, 2026,
no pet. h.) (mem. op.) (quoting Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.)).
2