Opinion
No. 11-03-00410-CV
June 23, 2005.
Appeal from Martin County.
Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.
Memorandum Opinion
Ennis Cole appeals from a judgment of contempt. In the judgment, the trial court found that appellant had violated an earlier judgment that prohibited him from interfering with Gary R. Baily's use of an easement. The trial court ordered appellant confined to the Martin County Jail for 30 days, suspended the sentence, and placed appellant on probation for a period of 30 days. The trial court also ordered appellant to pay appellee's attorney's fees.
Cole v. Baily, No. 08-02-00466-CV, 2004 WL 309295 (Tex.App.-El Paso, Feb. 19, 2004, no pet'n).
Contempt orders cannot be attacked by direct appeal. Norman v. Norman, 692 S.W.2d 655 (Tex. 1985); Ex parte Williams, 690 S.W.2d 243 n. 1 (Tex. 1985) (original proceeding). The validity of a contempt order must be reviewed by an application for writ of habeas corpus if the contemnor has been confined or by a petition for writ of mandamus if the contemnor has not been confined. Rosser v. Squier, 902 S.W.2d 962 (Tex. 1995) (original proceeding); Ex parte Williams, supra at 243; Ex parte Casillas, 25 S.W.3d 296, 297 n. 1 (Tex.App.-San Antonio 2000, orig. proceeding).
We dismiss the appeal for want of jurisdiction.