Sandra Ann Zarate v. Sergio Rene Zarate ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00669-CV
Sandra Ann ZARATE,
Appellant
v.
Sergio Rene ZARATE,
Appellee
From the 365th Judicial District Court, Maverick County, Texas
Trial Court No. 04-10-20415-MCVAJA
Honorable Amado J. Abascal, III, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: December 5, 2018
DISMISSED
After the clerk’s record was filed, we issued an order on October 19, 2018, notifying
appellant of two issues regarding this court’s appellate jurisdiction: (1) timeliness of the notice of
appeal; and (2) the appealability of the trial court’s “Order of Contempt.” We ordered appellant to
file a response by November 9, 2018, providing a reasonable explanation for the untimeliness of
the notice of appeal and showing why this appeal should not be dismissed. Although appellant
responded to the timeliness issue, appellant’s response did not address the appealability of the trial
court’s order.
04-18-00669-CV
The notice of appeal states appellant desires to appeal a judgment or order signed June 4,
2018. The only June 4, 2018 orders in the record are an order permitting appellant’s trial counsel
to withdraw and an order titled “Order of Contempt.” The Order of Contempt sets a show cause
hearing “for December 1, 2017” [sic] stating that if appellant does not comply with the court’s
order, appellant may be held in contempt of court. Appellant’s response to this court’s show cause
order does not show that this court has appellate jurisdiction. See TEX. CIV. PRAC. & REM. CODE
§ 51.012 (permitting an appeal from certain orders that are “final”); In re Estate of Gibbons, 451
S.W.3d 115, 127 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (stating courts of appeals
lack appellate jurisdiction over contempt orders). We therefore dismiss this appeal. See TEX. R.
APP. P. 42.3(a), (c) (permitting dismissal of appeal for want of jurisdiction and for appellant’s
failure to comply with an appellate court’s order).
PER CURIAM
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