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Urbina v. Rangel

Court of Appeals of Texas, Third District, Austin
Jul 14, 2023
No. 03-23-00247-CV (Tex. App. Jul. 14, 2023)

Opinion

03-23-00247-CV

07-14-2023

April Judith Urbina, Appellant v. Mark Rangel, Appellee


FROM THE 353RD DISTRICT COURT OF TRAVIS COUNTY NO. D-1-AG-21-000923, THE HONORABLE MADELEINE CONNOR, JUDGE PRESIDING

Before Chief Justice Byrne, Justices Kelly and Theofanis

MEMORANDUM OPINION

CHARI L. KELLY, JUSTICE

Appellant April Judith Urbina, representing herself pro se, seeks to appeal an "order of enforcement," holding her in contempt for violating temporary orders in a suit affecting the parent-child relationship.

On June 8, 2023, the Clerk of this Court advised Urbina that it appears that this Court lacks jurisdiction over this matter because this Court's jurisdiction is limited to appeals in which there exists a final or appealable judgment or order that has been signed by the trial court. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (explaining "general rule, with a few mostly statutory exceptions, is that an appeal may be taken only from a final judgment"). The Clerk requested that Urbina file a response by June 19, 2023, explaining how this Court may exercise jurisdiction over this appeal.

Although Urbina filed a response to the Clerk's notice, she has failed to identify a final judgment or order appealable order. Instead, in her letter to the Court, Urbina explains she currently seeks to appeal the "order of enforcement" signed by the trial court on March 24, 2023, and that she will also appeal the final order once it is signed by the trial court. Because no final order has been signed, see id. at 195, and because the "order of enforcement" is not reviewable on direct appeal, see In re Long, 984 S.W.2d 623, 625 (Tex. 1999) (explaining that contempt orders that do not involve confinement are not reviewable by direct appeal); see Heads v. McDade, No. 03-19-00084-CV, 2019 Tex.App. LEXIS 3721, at *1 (Tex. App.-Austin May 9, 2019) (mem. op.) (dismissing appeal from contempt order for want of jurisdiction), Urbina has failed to demonstrate how this Court may exercise jurisdiction over this appeal.

Consequently, we dismiss this appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a).

Dismissed for Want of Jurisdiction


Summaries of

Urbina v. Rangel

Court of Appeals of Texas, Third District, Austin
Jul 14, 2023
No. 03-23-00247-CV (Tex. App. Jul. 14, 2023)
Case details for

Urbina v. Rangel

Case Details

Full title:April Judith Urbina, Appellant v. Mark Rangel, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Jul 14, 2023

Citations

No. 03-23-00247-CV (Tex. App. Jul. 14, 2023)