Stanford C. Todd v. Christine M. David

• Court: Court of Appeals of Texas
• Decided: September 13, 1990
• Docket: 10-90-00116-CV
• Status: Published

Opinion

Todd v. David

DISMISSED

SEPTEMBER 13, 1990

NO. 10-90-116-CV

Trial Court

# 24,503

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

* * * * * * * * * * * * *

STANFORD C. TODD,

   Appellant

v.

CHRISTINE M. DAVID,

   Appellee

From 52nd Judicial District Court

Coryell County, Texas

O P I N I O N

* * * * * * *

On May 3, 1990, Stanford Todd, Appellant, was held in contempt for failing to pay child support and assessed 78 months in jail and a $6,500 fine. However, on that date the court suspended imposition of the commitment order, and placed him on probation for five years.

Appellant has attempted a direct appeal of the May 3rd order to this court.

A decree of contempt, though probated or suspended, constitutes a restraint on one's liberty. Ex parte Conner, 746 S.W.2d 527 (Tex. App.--Beaumont 1988) (abating appeal). Such an order can lead to incarceration and is thus quasi-criminal in nature. Ex parte Conner, 749 S.W.2d 241, 242 (Tex. App.--Beaumont 1988, no writ). This court does not have jurisdiction over a direct appeal from such an order. Wagner v. Warnasch, 156 Tex. 334, 295 S.W.2d 890 (1956); Ex parte Dillard, 577 S.W.2d 519, 520 (Tex. Civ. App.--Texarkana 1979, no writ).

The appeal is dismissed for want of jurisdiction.

PER CURIAM

DO NOT PUBLISH