Opinion
No. 04-17-00169-CV
05-10-2017
IN THE INTEREST OF D.R.E. AND R.M.E., CHILDREN
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2010CI00328
Honorable Solomon Casseb, III, Judge Presiding
ORDER
On January 5, 2017, the trial court signed an order holding appellant, Rufel Estrada, in contempt for violating its November 4, 2015 order requiring him to notify Tatiana Estrada of his intent to have their children travel outside of the United States. Appellant appears to be appealing this ruling.
This court does not have jurisdiction to review contempt proceedings on direct appeal. Norman v. Norman, 692 S.W.2d 655, 655 (Tex. 1985). 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, 244 (Tex. 1985). However, this court can consider on direct appeal rulings made simultaneous to a contempt order that do not arise from the contempt action. In the Interest of Rich, 993 S.W.3d 272, 274 (Tex. App.—San Antonio 1999, no pet); Interest of A.M., 974 S.W.2d 857, 861 (Tex. App.—San Antonio 1998, no pet.); but see Smith v. Holder, 756 S.W.2d 9, 10-11 (Tex. App.—El Paso 1988, no writ) (concluding appellate court lacked jurisdiction to consider part of contempt order modifying prior order).
We, therefore, ORDER appellant to show cause in writing no later than May 24, 2017, why this appeal should not be dismissed for lack of jurisdiction. In the event appellant fails to respond in a timely manner, this appeal will be dismissed for lack of jurisdiction. We suspend all appellate deadlines pending our determination of whether we have jurisdiction over this appeal.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court