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Gerdes v. Fogler, No. 14-07-01020-CV, 2009 WL 1311857, (Tex. App.—Houston [14th Dist.] May 07, 2009, pet. denied) (mem. op.). (False Imprisonment; Abuse of Process; Malicious Prosecution)
When an attorney files a motion for criminal contempt, but the court orders confinement for civil contempt and in doing so violates the rights of the defendant exceeding the maximum duration of confinement for civil contempt, the attorney will not be liable for false imprisonment or abuse of process. When a court issues a contempt order that is void, malicious prosecution is not an available remedy.