From Casetext: Smarter Legal Research

Martinez v. Cerda

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Aug 29, 2024
No. 13-24-00365-CV (Tex. App. Aug. 29, 2024)

Opinion

13-24-00365-CV

08-29-2024

JULIO CESAR MARTINEZ, Appellant, v. SANDRA DE LA CERDA, Appellee.


On Appeal from the 206th District Court of Hidalgo County, Texas

Before Justices Benavides, Longoria, and Silva

MEMORANDUM OPINION

CLARISSA SILVA, JUSTICE

This matter is before the Court on its own motion. On July 17, 2024, appellant attempted to appeal the trial court's order of enforcement by contempt entered on May 16, 2024. On July 24, 2024, the Clerk of the Court notified appellant that it appears the order he was attempting to appeal was unappealable. Appellant has failed to cure the defective notice of appeal and has not otherwise responded to the clerk's notice.

Upon review of the documents before the Court, it appears that the order from which this appeal was taken was not a final appealable order. "[A]n order or judgment is not final for purposes of appeal unless it actually disposes of every pending claim and party or unless it clearly and unequivocally states that it finally disposes of all claims and all parties." Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001). Furthermore, orders of enforcement, not involving confinement, are not reviewable on direct appeal. See In re Long, 984 S.W.2d 623, 625 (Tex. 1999) (orig. proceeding) (per curiam) (explaining that the only relief from contempt orders that do not involve confinement is by writ of mandamus).

Absent an appealable interlocutory order or final judgment, this Court has no jurisdiction over this appeal. See Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex. 2007); Lehmann, 39 S.W.3d at 195. The Court, having considered the documents on file and appellant's failure to correct the defect in this matter, is of the opinion that the appeal should be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a). Accordingly, the appeal is dismissed for want of jurisdiction. See id. R. 42.3(a), (c).


Summaries of

Martinez v. Cerda

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Aug 29, 2024
No. 13-24-00365-CV (Tex. App. Aug. 29, 2024)
Case details for

Martinez v. Cerda

Case Details

Full title:JULIO CESAR MARTINEZ, Appellant, v. SANDRA DE LA CERDA, Appellee.

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

Date published: Aug 29, 2024

Citations

No. 13-24-00365-CV (Tex. App. Aug. 29, 2024)