Williams Farms Produce Sales, Inc. v. R & G Produce Company

• Court: Court of Appeals of Texas
• Decided: July 12, 2012
• Docket: 13-12-00389-CV
• Status: Published

Opinion

NUMBER 13-12-00389-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

WILLIAMS FARMS PRODUCE SALES, INC., Appellant,

v.

R & G PRODUCE COMPANY, Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 1 of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam

Appellant, Williams Farms Produce Sales Inc., seeks to appeal from the trial

court’s entry of a contempt order. Appellee, R&G Produce Co., has filed a motion to

dismiss the appeal, arguing that this Court lacks subject matter jurisdiction. We agree

with appellee. See In re Office of AG, 215 S.W.3d 913, 916 (Tex. App.—Fort Worth

2007, no pet.) (“A contempt judgment may be attacked by a petition for writ of habeas corpus (if the contemnor is confined) or a petition for writ of mandamus (if no confinement

is involved); however, because a contempt order is not a final judgment, a remedy by

appeal does not lie.”) (citations omitted); see also Beeler v. Fuqua, 351 S.W.3d 428,

433-34 (Tex. App.—El Paso 2011, pet. denied) (“A contempt order must be challenged in

an original proceeding.”).

Because we do not have jurisdiction to consider appellant’s complaint regarding

the contempt order by appeal, we DISMISS this appeal for want of jurisdiction. All

pending motions are denied as moot.

PER CURIAM

Delivered and filed the 12th day of July, 2012.