Opinion
No. 04-17-00587-CV
11-08-2017
IN THE INTEREST OF C.S.K.
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2017-CI-17273
Honorable David A. Canales, Judge Presiding
ORDER
On August 18, 2017, appellant Lynn M. Kolb was held in contempt for violating certain provisions of a prior final decree of divorce. On September 19, 2017, appellant filed a notice of appeal seeking to appeal the trial court's order of contempt. This court does not have jurisdiction to review contempt orders by direct appeal. See, e.g., Norman v. Norman, 692 S.W.2d 655, 655 (Tex. 1985); Chavira v. Quarry Hills Mgmt., LLC, 458 S.W.3d 561, 565-66 (Tex. App.—El Paso 2014, pet. denied). Contempt orders may only be reviewed by an application for a writ of habeas corpus, if the contemnor has been confined, or by a petition for a writ of mandamus, if the contemnor has not been confined. See Rosser v. Squier, 902 S.W.2d 962, 962 (Tex. 1995); Ex parte Williams, 690 S.W.2d 243, 243 n.1 (Tex. 1985); Chavira, 458 S.W.3d at 566.
Accordingly, we ORDER appellant to show cause in writing on or before November 20, 2017 why this appeal should not be dismissed for lack of jurisdiction, without prejudice to refiling this action as a petition for writ of mandamus. See Rosser, 902 S.W.2d at 962; Chavira, 458 S.W.3d at 566. All appellate deadlines are suspended pending further order of this court.
We order the clerk of this court to serve a copy of this order on all counsel.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of November, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court