Tracy Nixon v. the Attorney General of the State of Texas and Kimberlyn Rhynes

• Court: Court of Appeals of Texas
• Decided: February 2, 2017
• Docket: 05-16-01159-CV
• Status: Published

Opinion

Dismissed and Opinion Filed February 2, 2017

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01159-CV

IN THE INTEREST OF C.S.N. AND J.T.N., CHILDREN

On Appeal from the 301st Judicial District Court Dallas County, Texas Trial Court Cause No. DF-00-14691

MEMORANDUM OPINION Before Justices Francis, Fillmore, and Stoddart Opinion by Justice Francis By notice of appeal filed September 26, 2016, Tracy Nixon challenges the trial court’s

September 12, 2016 child support contempt conditional release order and the trial court’s order

to withdraw admissions and substitute response. Because neither order appeared to be

appealable, we directed Nixon to file a letter brief addressing our jurisdiction over the appeal.

See CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 2011) (appellate courts have jurisdiction

over final judgment and interlocutory orders specifically authorized as appealable by statute); In

re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 915-16 (Tex. App.—Fort Worth 2007, orig.

proceeding) (because contempt proceedings are not concerned with disposing of all claims and

parties before trial court, a contempt order is not a final judgment and is not appealable). Nixon

complied, but nothing in his brief persuades us we have jurisdiction over the complained-of orders.1 Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P.

42.3(a); Perez, 340 S.W.3d 447; Office of Attorney Gen., 215 S.W.3d at 915.

/Molly Francis/ MOLLY FRANCIS JUSTICE

161159F.P05

1 We allowed appellees an opportunity to respond, but they did not file a response.

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF C.S.N. AND J.T.N., On Appeal from the 301st Judicial District CHILDREN Court, Dallas County, Texas Trial Court Cause No. DF-00-14691. No. 05-16-01159-CV Opinion delivered by Justice Francis. Justices Fillmore and Stoddart participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered February 2, 2017.

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