in the Interest of D.C.S., a Child ( 2018 )

Dismissed and Opinion Filed September 6, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00750-CV
IN THE INTEREST OF D.C.S., A CHILD
On Appeal from the 469th Judicial District Court
Collin County, Texas
Trial Court Cause No. 469-52388-04
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Evans, and Justice Brown
Opinion by Chief Justice Wright
In a letter dated August 7, 2018, the Court questioned its jurisdiction over this appeal.
Specifically, appellant’s notice of appeal reflects he is seeking to appeal the trial court’s June 12,
2018 contempt order. We instructed appellant to file a letter brief addressing our jurisdictional
concern. As of this date, appellant has not responded to our letter.
Courts of appeals lack jurisdiction to review contempt orders on direct appeal. Tracy v.
Tracy, 219 S.W.3d 527, 530 (Tex. App.–Dallas 2007, no pet.). A party pursuing review of a
contempt order involving confinement may file a petition for writ of habeas corpus; a party seeking
review of a contempt order that does not involve confinement may file a petition for writ of
mandamus. Id.
Because appellant’s notice of appeal reflects he is challenging the trial court’s contempt
order, we lack jurisdiction over this appeal. Accordingly, we dismiss the appeal. See TEX. R. APP.
P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
180750F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF D.C.S., A CHILD On Appeal from the 469th Judicial District
Court, Collin County, Texas
Trial Court Cause No. 469-52388-04.
Opinion delivered by Chief Justice Wright.
Justices Evans and Brown participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED for want
of jurisdiction.
It is ORDERED that appellee Jill Denise Sutton recover her costs of this appeal from
appellant Dennis Patrick Sutton.
Judgment entered September 6, 2018.
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