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In re Leija

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Apr 1, 2016
NO. 03-16-00220-CV (Tex. App. Apr. 1, 2016)

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


Summaries of

In re Leija

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Apr 1, 2016
NO. 03-16-00220-CV (Tex. App. Apr. 1, 2016)
Case details for

In re Leija

Case Details

Full title:In re Jasmine Leija

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Apr 1, 2016

Citations

NO. 03-16-00220-CV (Tex. App. Apr. 1, 2016)