Opinion
NO. 03-16-00220-CV
04-01-2016
In re Jasmine Leija
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Jasmine Leija has filed a notice of appeal from the district court's Order of Commitment for Contempt for Violation of a Court Order, signed March 31, 2016, and an Emergency Motion for Stay of Contempt. We lack subject matter jurisdiction to consider, on direct appeal, an attack on a contempt order. Tracy v. Tracy, 219 S.W.3d 527, 530 (Tex. App.—Dallas 2007, no pet.). Nonetheless, we will construe Leija's pleadings as an attempt to invoke our original jurisdiction by way of writ of mandamus. See id. (noting that court lacked jurisdiction over attack on contempt order on direct appeal, but treating appeal as mandamus petition). Based on the record before us, we deny the petition for writ of mandamus and request for emergency relief. See Tex. R. App. P. 52.8; see also Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (relator has burden of providing court with sufficient record to establish right to mandamus relief); Tex. R. App. P. 52.7(a)(1) (relator must file with petition "a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding").
/s/_________
Melissa Goodwin, Justice Before Justices Puryear, Goodwin, and Field Filed: April 1, 2016