Opinion
No. 05-06-01085-CV
Opinion issued June 11, 2008.
On Appeal from the 330th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 91-14114-Y.
Before Justices MOSELEY, LANG, and MAZZANT.
MEMORANDUM OPINION
Jessie Roy Galloway has filed a notice of appeal from the trial court's "Bench Warrant and Order of Capias." By letter dated February 9, 2007, we questioned our jurisdiction over this appeal and directed counsel for appellant to file a letter brief regarding the jurisdictional question. We have received the letter brief, and after considering it and case law, we conclude we do not have jurisdiction over this appeal.
Courts of appeals generally do not have jurisdiction to review contempt orders by way of direct appeal. Tex. Animal Health Comm'n v. Nunley, 647 S.W.2d 951, 952 (Tex. 1983); In re M.E.G., 48 S.W.3d 204, 209 (Tex.App.-Corpus Christi 2000, no pet.). Rather, they are reviewable by original proceeding. If a contempt order does not involve confinement, it is reviewable by petition for writ of mandamus; if it does involve confinement, it is reviewable by petition for writ of habeas corpus. See In re Long, 984 S.W.2d 623, 625 (Tex. 1999). See also Ramirez v. State, 184 S.W.3d 392, 394 n. 1 (Tex.App.-Dallas 2006, no pet.) (quoting Black's Law Dictionary 200 (7th ed. 1999), and defining "capias" as "writ commanding the sheriff to take the defendant into custody to ensure that the defendant will appear in court"); In re Aguilera, 37 S.W.3d 43, 47 (Tex.App.-El Paso 2000, orig. proceeding) ("Issuance of a capias is a sufficient restraint of liberty to justify habeas corpus relief.").
Because appellant is challenging the "Bench Warrant and Order of Capias" by direct appeal, we do not have jurisdiction over this appeal. Accordingly, we dismiss this appeal for want of jurisdiction.
Jessie Roy Galloway also appealed the trial court's order of license suspension, which arose from the same underlying motion to enforce a child support obligation and was docketed as appellate court cause number 05-06-01086-CV.