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Briggs v. Wash. Fed.

Court of Appeals Fifth District of Texas at Dallas
Oct 7, 2015
No. 05-15-01018-CV (Tex. App. Oct. 7, 2015)

Opinion

No. 05-15-01018-CV

10-07-2015

JOHN BRIGGS AND FRANCES BRIGGS, Appellants v. WASHINGTON FEDERAL, Appellee


On Appeal from the 162nd Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-14-08367

MEMORANDUM OPINION

Before Justices Lang-Miers, Brown, and Schenck
Opinion by Justice Brown

In a letter dated September 11, 2015, the Court questioned its jurisdiction over this appeal. Specifically, there does not appear to be an appealable order. We instructed appellants to file a letter brief, within ten days of the date of the letter, addressing our concern. We cautioned appellants that failure to file a letter brief within the time specified may result in dismissal of the appeal without further notice. As of today's date, appellants have not filed a letter brief.

In their notice of appeal, appellants state they are appealing the trial court's August 14, 2015 order that found them in contempt for failing to comply with a previous court order. Courts of appeals lack jurisdiction to review contempt orders on direct appeal. See Tracy v. Tracy, 219 S.W.3d 527, 530 (Tex. App.—Dallas 2007, no pet.). A party seeking review of a contempt order involving confinement may seek appellate review by filing a petition for writ of habeas corpus; a party seeking review of a contempt order that does not involve confinement may seek review only by filing a petition for writ of mandamus. Id.

Because the order appellants appeal from is not reviewable on direct appeal, this Court lacks jurisdiction. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a)

/Ada Brown/

ADA BROWN

JUSTICE
151018F.P05

JUDGMENT

On Appeal from the 162nd Judicial District Court, Dallas County, Texas.
Trial Court Cause No. DC-14-08367.
Opinion delivered by Justice Brown. Justices Lang-Miers and Schenck participating.

In accordance with this Court's opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee WASHINGTON FEDERAL recover its costs of this appeal from appellants JOHN BRIGGS AND FRANCES BRIGGS.


Summaries of

Briggs v. Wash. Fed.

Court of Appeals Fifth District of Texas at Dallas
Oct 7, 2015
No. 05-15-01018-CV (Tex. App. Oct. 7, 2015)
Case details for

Briggs v. Wash. Fed.

Case Details

Full title:JOHN BRIGGS AND FRANCES BRIGGS, Appellants v. WASHINGTON FEDERAL, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 7, 2015

Citations

No. 05-15-01018-CV (Tex. App. Oct. 7, 2015)