in the Interest of D.C.S., a Child
This text of in the Interest of D.C.S., a Child (in the Interest of D.C.S., a Child) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Dismissed and Opinion Filed September 6, 2018
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00750-CV
IN THE INTEREST OF D.C.S., A CHILD
On Appeal from the 469th Judicial District Court Collin County, Texas Trial Court Cause No. 469-52388-04
MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright In a letter dated August 7, 2018, the Court questioned its jurisdiction over this appeal.
Specifically, appellant’s notice of appeal reflects he is seeking to appeal the trial court’s June 12,
2018 contempt order. We instructed appellant to file a letter brief addressing our jurisdictional
concern. As of this date, appellant has not responded to our letter.
Courts of appeals lack jurisdiction to review contempt orders on direct appeal. Tracy v.
Tracy, 219 S.W.3d 527, 530 (Tex. App.–Dallas 2007, no pet.). A party pursuing review of a
contempt order involving confinement may file a petition for writ of habeas corpus; a party seeking
review of a contempt order that does not involve confinement may file a petition for writ of
mandamus. Id. Because appellant’s notice of appeal reflects he is challenging the trial court’s contempt
order, we lack jurisdiction over this appeal. Accordingly, we dismiss the appeal. See TEX. R. APP.
P. 42.3(a).
/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 180750F.P05
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT
IN THE INTEREST OF D.C.S., A CHILD On Appeal from the 469th Judicial District Court, Collin County, Texas Trial Court Cause No. 469-52388-04. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED for want of jurisdiction.
It is ORDERED that appellee Jill Denise Sutton recover her costs of this appeal from appellant Dennis Patrick Sutton.
Judgment entered September 6, 2018.
–3–
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