Order entered August 8, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01023-CV
IN RE CHARLES A. MILLER, Relator
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-02441-2014
ORDER
Before Justices Moseley, Fillmore, and Evans
The Court has before it relator’s motion for rehearing of this Court’s August 7, 2014
order denying habeas corpus relief. Attached to the motion is a copy of a book in page from the
Collin County Sheriff’s Office showing that relator is confined and an affidavit from the records
custodian stating the page is a true and correct copy of the original. We conclude this cures the
deficiency in the petition for writ of habeas corpus filed on August 7, 2014.
We DENY relator’s motion for rehearing. On the Court’s own motion, we
WITHDRAW our opinion and VACATE our order of August 7, 2014. This is now the order of
the Court.
We GRANT relator’s August 7, 2014 motion for temporary relief. Pending this Court’s
determination of relator’s petition on the merits, and until further order of this Court, we
ORDER that relator Charles A. Miller be released from the custody of the Sheriff of Collin
County only upon posting a good and sufficient cash or surety bond, conditioned as required by
law, in the sum of $500, plus all expenses which may be incurred by peace officers in rearresting
relator in the event that relator fails to appear at hearing before this Court or violates some other
condition of the bond.
In the event relator Charles A. Miller gives such bond, the Sheriff of Collin County is
ORDERED to immediately forward a certified copy of the bond to the Clerk of this Court. This
order releases relator Charles A. Miller only from custody under the Judgment of Civil Contempt
and Order of Commitment dated August 7, 2014 issued by the 380th Judicial District Court of
Collin County, Texas, styled Bradley Dean, Dean Family Partnership, LLC, and David Bradley
Dean GSTT v. Charles A. Miller, Eastern Shelf Land Col, LLC, Strata Resources, Inc., and
Windmill Exploration and Production, LLC.
The Court ORDERS that the reporter’s record of the August 6, 2014 hearing be filed by
AUGUST 18, 2014.
The Court requests that real parties in interest and respondent file a response, if any, by
August 25, 2014.
The Court DIRECTS the Clerk to send copies of this order, by electronic transmission,
to the Honorable Benjamin Smith, Presiding Judge, 380th Judicial District Court; Karla
Kimbrell, official court reporter, 380th Judicial District Court; Terry G. Box, Collin County
Sheriff; and to counsel for all parties.
/s/ JIM MOSELEY
JUSTICE