Olivia R. Sedillo v. Marcos Sedillo--Appeal from 45th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-03-00599-CV
Olivia R. SEDILLO,
Appellant
v.
Marcos SEDILLO,
Appellee
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CI-18301
Honorable Pat Boone, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: March 10, 2004

DISMISSED FOR LACK OF JURISDICTION

Appellant is appealing the trial court's order holding her in contempt. This court does not have jurisdiction to review contempt orders by direct appeal. Norman v. Norman, 692 S.W.2d 655, 655 (Tex. 1985). Contempt orders may only be reviewed by an application for a writ of habeas corpus, if the contemnor has been confined, or by a petition for a writ of mandamus, if the contemnor has not been confined. See Rosser v. Squier, 902 S.W.2d 962, 962 (Tex. 1995); Ex parte Williams, 690 S.W.2d 243, 243 (Tex. 1985).

We ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant responded to our order on February 9, 2004. In her response, appellant claims that she is not appealing a contempt order because the trial court never found her in contempt. Therefore, appellant argues that we have jurisdiction to consider this appeal.

The trial court ordered appellant to pay $100 for appellee's attorney's fees. The record reflects that this monetary sanction was issued by the trial court in response to a motion for enforcement filed by the appellee asking the court to hold appellant in contempt for failing to comply with one of the court's previous orders. Because the trial court issued the sanction in response to this motion, we believe appellant's argument lacks merit. Therefore, this appeal is dismissed for lack of jurisdiction. See Norman, 692 S.W.2d at 655.

PER CURIAM