Opinion
No. 01-10-00700-CV
Opinion issued February 24, 2011.
On Appeal from the 310th District Court Harris County, Texas, Trial Court Case No. 2006-64644.
Panel consists of Justices KEYES, SHARP, and MASSENGALE.
MEMORANDUM OPINION
Appellant, Micara Devers, attempts to appeal from an order holding her in contempt for failing to comply with a custody order. Because we have no jurisdiction, we dismiss the appeal.
On May 11, 2010, the trial court signed a judgment holding Devers in contempt in the underlying proceeding because of her failure to surrender the minor child, L.G., to his father, appellee Shyrill Grays, as previously ordered. Devers filed a notice of appeal from the judgment of contempt.
However, decisions in contempt proceedings are not appealable. Ex parte Williams, 690 S.W.2d 243 n. 1 (Tex. 1985); Ex parte Cardwell, 416 S.W.2d 382, 384 (Tex. 1967); Metzger v. Sebek, 892 S.W.2d 20, 31-32 (Tex. App.-Houston [1st Dist.] 1994, writ denied); Mendez v. Attorney Gen. of Texas, 761 S.W.2d 519, 521 (Tex. App.-Corpus Christi 1988, no writ); Smith v. Holder, 756 S.W.2d 9, 10-11 (Tex. App.-El Paso 1988, no writ); Gensco, Inc. v. Thomas, 609 S.W.2d 650, 651 (Tex. Civ. App.-San Antonio 1980, no writ); Anderson v. Burleson, 583 S.W.2d 467 (Tex. Civ. App.-Houston [1st Dist.] 1979, no writ).
The validity of a contempt order can be attacked only by a writ of habeas corpus. Williams, 690 S.W.2d at 243 n. 1; Wagner v. Warnasch, 295 S.W.2d 890, 893 (Tex. 1956); Metzger, 892 S.W.2d at 31-32; Saenz v. Saenz, 756 S.W.2d 93, 95 (Tex. App.-San Antonio 1988, no writ); Anderson, 583 S.W.2d at 467; but see Deramus v. Thornton, 160 Tex. 494, 497-98, 333 S.W.2d 824, 827 (1960) (stating that there may be circumstances in some contempt proceedings that would make a remedy by habeas corpus inadequate, and that would therefore implicate mandamus relief); Kidd v. Lance, 794 S.W.2d 586, 587 n. 1 (Tex. App.-Austin 1990, orig. proceeding) (citing Deramus and holding that mandamus is the "only" available remedy where there is no order of confinement); International Ass'n of Machinists Aerospace Workers v. Axelson, Inc., 593 S.W.2d 362, 363 (Tex. Civ. App.-Texarkana 1979, no writ).
Devers has filed neither a petition for writ of habeas corpus nor a mandamus, but rather seeks to appeal the trial court's contempt order. Because we have no jurisdiction to consider it, we order the appeal dismissed.