Opinion
No. 05-05-01618-CV
Opinion Filed February 2, 2006.
On Appeal from the 116th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 05-04645.
Dismissed.
Before Justices WRIGHT, O'NEILL, and FRANCIS.
MEMORANDUM OPINION
After reviewing the notice of appeal and docketing statement in this case, the Court questioned its jurisdiction. By letter dated January 4, 2006, the Court requested Club DMX to submit a brief explaining how the Court has jurisdiction over a contempt order. Club DMX and the City of Dallas submitted jurisdictional briefs.
The City of Dallas sued Club DMX for violation of various city ordinances. Club DMX and the City entered into an agreed temporary injunction prohibiting certain conduct during dance contests held at Club DMX. Subsequently, the City filed a motion for contempt alleging that Club DMX violated the temporary injunction. The trial court signed a judgment of contempt on November 17, 2005. The trial court found Club DMX violated the temporary injunction on two occasions, imposed a $500 fine for each violation, and on its own motion, ordered sanctions that included costs and attorney's fees. Club DMX appeals this contempt judgment.
A criminal contempt order is used to punish a party for violating a court order with a maximum fine of $500, confinement in a county jail for not more than six months, or both. See Ex parte Werblud, 536 S.W.2d 542, 545-46 (Tex. 1976); Tex.Gov't Code Ann. § 21.002(b) (Vernon 2004). A contempt order is not an appealable order. See Metzger v. Sebek, 892 S.W.2d 20, 54 (Tex.App.-Houston [1st Dist.] 1994, writ denied). A contempt order does not become appealable merely because it contains an award of attorney's fees as a sanction. See Electronic Data Sys. Corp. v. Tyson, 862 S.W.2d 728, 736 (Tex.App.-Dallas, orig. proceeding). The sanctions award is reviewable on appeal from a final judgment. See id.
The trial court's contempt judgment imposed fines for Club DMX's past violations of the temporary injunction. It is an order of criminal contempt and this Court does not have jurisdiction to review it. See Metzger, 892 S.W.2d at 54. Moreover, the award of attorney's fees as sanctions does not render the contempt order appealable. See Electronic Data Sys. Corp., 862 S.W.2d at 736. The Court does not have jurisdiction to review the contempt judgment. Accordingly, we DISMISS the appeal for want of jurisdiction. Tex.R.App.P. 42.3(a).