In Re Michael Wayne Lowman v. the State of Texas

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-25-00154-CV
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IN RE MICHAEL WAYNE LOWMAN

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Original Proceeding
410th District Court of Montgomery County, Texas
Trial Cause No. 23-07-10524
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MEMORANDUM OPINION

Michael Wayne Lowman filed a petition for a writ of habeas corpus. See Tex.

Gov’t Code Ann. § 22.221. We dismiss the petition as moot.

The trial court presiding in the divorce case between Michael and Samantha

Lowman found Michael violated the property division provisions of the divorce

decree when he failed to sign the listing agreement when it was presented or

delivered to him on two occasions. Finding Michael to be guilty of contempt, the

trial court sentenced him to a total of 180 days of confinement in the Montgomery

County Jail. The trial court remanded Michael to the custody of the Sheriff on April

1, 2025.

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“A writ of habeas corpus is available in this state to review a contempt order

entered by a lower court confining a contemnor.” Ex parte Gordon, 584 S.W.2d 686,

687-88 (Tex. 1979) (orig. proceeding). “The remedy is in the nature of a collateral

attack and its purpose is not to determine the ultimate guilt or innocence of the

relator, but only to ascertain whether the relator has been unlawfully imprisoned.”

Id. at 688. A habeas corpus petition may be rendered moot when the relator is

released from confinement. See In re Flores, No. 13-25-00463-CV, 2025 WL

2972411, at *1 (Tex. App.—Corpus Christi Oct. 21, 2025, orig. proceeding) (mem.

op.).

On December 30, 2025, the Clerk of the Court notified the parties that it

appears Michael has discharged his sentence for contempt and that we would dismiss

the habeas corpus proceeding on any day after January 9, 2026, unless we received

a response showing that this proceeding is not moot. See Tex. R. App. P. 42.3. No

party replied to the Clerk’s notice.

Michael is no longer confined by reason of the contempt judgment, and he has

not shown that his petition is not moot. Accordingly, we dismiss the petition for writ

of habeas corpus as moot. Any pending motions are denied as moot.

PETITION DISMISSED.
PER CURIAM

Submitted on January 28, 2026
Opinion Delivered January 29, 2026
Before Johnson, Wright and Chambers, JJ.

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