Calvin Monasco v. Gilmer Boating and Fishing Club ( 2012 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-11-00132-CV
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CALVIN MONASCO, Appellant
V.
GILMER BOATING AND FISHING CLUB, Appellee
On Appeal from the 115th Judicial District Court
Upshur County, Texas
Trial Court No. 748-07
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Calvin Monasco has filed a notice of appeal against a judgment of contempt entered
against him by the 115th Judicial District Court of Upshur County. Generally, only final
decisions of trial courts are appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.
2001); Hinde v. Hinde, 701 S.W.2d 637, 639 (Tex. 1985); N.E. Indep. Sch. Dist. v. Aldridge, 400
S.W.2d 893, 895 (Tex. 1966); see TEX. CIV. PRAC. & REM. CODE ANN. § 51.012 (West Supp.
2011) (final judgment of district and county courts). The Legislature has also authorized the
appeal of a number of interlocutory orders, not including orders of contempt. See, e.g., TEX. CIV.
PRAC. & REM. CODE ANN. § 51.014 (West Supp. 2011).
An order holding a person in contempt is not one from which an appeal may be brought.
Ex parte Cardwell, 416 S.W.2d 382, 384 (Tex. 1967); Pandozy v. Beaty, 254 S.W.3d 613, 616
(Tex. App.—Texarkana 2008, no pet.) (citing Ex parte Williams, 690 S.W.2d 243 (Tex. 1985)).
Relief is available only through application for a writ of habeas corpus. Grimes v. Grimes, 706
S.W.2d 340, 343 (Tex. App.—San Antonio 1986, writ dism’d) (citing Wagner v. Warnasch, 259
S.W.2d 890, 893 (Tex. 1956)). We, therefore, may not accept jurisdiction over this appeal.
We dismiss the appeal for want of jurisdiction.
Jack Carter
Justice
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Date Submitted: February 16, 2012
Date Decided: February 17, 2012
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