Micara Devers v. Shyrill Grays--Appeal from 310th District Court of Harris County
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Opinion issued February 24, 2011. In The Court of Appeals For The First District of Texas NO. 01-10-00700-CV MICARA DEVERS, Appellant V. SHYRILL GRAYS, Appellee On Appeal from the 310th District Court Harris County, Texas Trial Court Case No. 2006-64644 MEMORANDUM OPINION Appellant, Micara Devers, attempts to appeal from an order holding her in contempt for failing to comply with a custody order. jurisdiction, we dismiss the appeal. Because we have no 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 2 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. PER CURIAM Panel consists of Justices Keyes, Sharp, and Massengale. 3
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