Sharon Peebles v. Kathyrn Dietrich

• Court: Court of Appeals of Texas
• Decided: February 3, 2011
• Docket: 14-10-01137-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed February 3, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-01137-CV

SHARON PEEBLES, Appellant

V.

KATHRYN DIETRICH, Appellee

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Cause No. 2005-40129

MEMORANDUM  OPINION

This is an attempted appeal from an order signed October 7, 2010.  The clerk’s record was filed January 11, 2011.  The record before this court contains no appealable order. The validity of a contempt judgment is not appealable and can be attacked only collaterally by writ of habeas corpus.  See Ex parte Williams, 690 S.W.2d 243, 243 n. 1 (Tex. 1985).[1]

            On January 12, 2011, notification was transmitted to the parties of this court’s intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal on or before January 24, 2011.  See Tex. R. App. P. 42.3(a).  Appellant’s response fails to demonstrate that this court has jurisdiction over the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Brown, Boyce, and Jamison.

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[1] Appellant attacked the contempt order by writ of habeas corpus, which this court denied.  See Ex parte Peebles, No. 14-10-00973-CV, 2010 WL 4892634 (Tex. App.—Houston [14th Dist.] Dec. 2, 2010, orig. proceeding) (memo. op.).