in the Interest of M.G. and B.G., Children

Court of Appeals of Texas·Decided November 7, 2014·No. 10-12-00395-CV·Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-12-00395-CV

IN THE INTEREST OF M.G. AND B.G., CHILDREN

From the 13th District Court Navarro County, Texas Trial Court No. 06-15791-CV

MEMORANDUM OPINION

Kelly Goodwin appeals from the trial court’s order holding her in contempt. We

dismiss the appeal for want of jurisdiction.

An Agreed Order in Suit to Modify Parent-Child Relationship was entered on

August 21, 2012 between Bryan and Kelly Goodwin. The order provided that Bryan

would have the right to designate the primary residence of B.G. The order further

provided that Kelly was to turn over some of B.G.’s personal items, and a list of the

personal items was attached to the Agreed Order. Kelly did not turn over specific items

pursuant to the order. On August 29, 2012, Bryan filed a Petition for Enforcement, and a hearing was

scheduled for September 14, 2012. Kelly did not appear at the hearing, and a capias was

issued for her arrest. On September 21, 2012, the trial court held an enforcement

hearing. The trial court found that Kelly violated provisions of the August 21 Agreed

Order. The trial court issued an order holding Kelly in contempt and ordering her

confined in the county jail for fourteen days. The trial court further ordered Kelly to

pay attorney’s fees, costs, and expenses incurred by Bryan.

Kelly argues that the trial court erred in holding her in contempt. A ruling on a

motion for contempt is not appealable, but can only be challenged by an original

proceeding. See Norman v. Norman, 692 S.W.2d 655, 655 (Tex.1985); In re B.A.C., 144

S.W.3d 8, 11(Tex.App.-Waco 2004, no pet.). Therefore, we do not have jurisdiction to

consider Kelly’s complaint on appeal.

We dismiss the appeal for want of jurisdiction.

AL SCOGGINS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed October 23, 2014 [CV06]

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Related

Norman v. Norman
692 S.W.2d 655 (Texas Supreme Court, 1985)
In the Interest of B.A.C.
144 S.W.3d 8 (Court of Appeals of Texas, 2004)