Opinion
No. 04-18-00037-CV
02-22-2018
IN THE INTEREST OF N.A.S, JR, B.R.S, AND R.C.S, CHILDREN
From the 198th Judicial District Court, Bandera County, Texas
Trial Court No. CV-14-0000351
Honorable M. Rex Emerson, Judge Presiding
ORDER
On October 18, 2017, appellant Deborah Silva was held in contempt for violating certain provisions of a trial court order. On January 19, 2018, appellant filed a notice of appeal seeking to appeal the trial court's order of contempt. By order dated January 31, 2018, appellant was ordered to show cause why this appeal should not be dismissed for want of jurisdiction. Our order noted that this court does not have jurisdiction to review contempt orders by direct appeal. See, e.g., Norman v. Norman, 692 S.W.2d 655, 655 (Tex. 1985); Chavira v. Quarry Hills Mgmt., LLC, 458 S.W.3d 561, 565-66 (Tex. App.—El Paso 2014, pet. denied). Our order further noted contempt orders may only be reviewed by an application for a writ of habeas corpus, if the contemnor has been confined, or by a petition for a writ of mandamus, if the contemnor has not been confined. See Rosser v. Squier, 902 S.W.2d 962, 962 (Tex. 1995); Ex parte Williams, 690 S.W.2d 243, 243 n.1 (Tex. 1985); Chavira, 458 S.W.3d at 566.
On February 14, 2018, appellant filed a response to this court's order acknowledging this court generally does not have jurisdiction to review contempt order by direct appeal but requesting additional time to conduct additional research to ensure that the issues she seeks to raise would not be reviewable by direct appeal. Appellant's request for additional time to respond to this court's order is GRANTED. Appellant is ORDERED to show cause in writing no later than March 12, 2018, why this appeal should not be dismissed for lack of jurisdiction. See Rosser, 902 S.W.2d at 962; Chavira, 458 S.W.3d at 566. All other appellate deadlines are suspended pending further order of this court.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of February, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court