Opinion
No. 05-06-00515-CV
Opinion issued July 10, 2006.
On Appeal from the 330th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 04-11227.
Dismissed.
Before Justices WHITTINGTON, BRIDGES, and RICHTER.
MEMORANDUM OPINION
Chantell Jay filed notice of appeal from a trial court order holding her in contempt for failing to comply with the trial court's order to allow Andre Duncan access to and possession of C.J. D. By letter dated June 13, 2006, we questioned our jurisdiction over the appeal, and asked appellant and appellee to file jurisdictional briefs. Appellant did not respond; appellee filed a brief asking us to dismiss the appeal. We conclude we do not have jurisdiction over the appeal.
Courts of appeals generally do not have jurisdiction to review contempt orders by way of direct appeal. See In re A.C.J., 146 S.W.3d 323, 326 (Tex.App.-Beaumont 2004, no pet.); In re B.A.C., 144 S.W.3d 8, 10-12 (Tex.App.-Waco 2004, no pet.); Wead v. State, 94 S.W.3d 131, 139 (Tex.App.-Corpus Christi 2002), rev'd on other grounds, 129 S.W.3d 126 (Tex.Crim.App. 2004). A contempt judgment is reviewable only via petition for writ of habeas corpus (if the contemnor confined) or petition for writ of mandamus (if no confinement is involved). Adams v. Bell, 94 S.W.3d 759, 761 (Tex.App.-Eastland 2002, no pet.) (quoting Cadle Co. v. Lobingier, 50 S.W.3d 662, 671-72 (Tex.App.-Fort Worth 2001, pet. denied)).
Because appellant is challenging the contempt order by direct appeal, we do not have jurisdiction. Accordingly, we dismiss the appeal for want of jurisdiction.