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Date: 05-19-2022
Case Style:
Clarence Jeduss Washington v. Catherine Grace Rubio
Case Number: 02-20-00008-CV
Judge:
Court of Appeals Second Appellate District of Texas at Fort Worth
Before Sudderth; Womack and Wallach
Court:
On appeal from The 16th District Court
Denton County, Texas
Plaintiff's Attorney:
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Defendant's Attorney: John E. Westcott
Description:
Fort Worth, Texas - Divorce lawyer represented Appellant with appealing the court-ordered child support payments.
On January 10, 2020, we sent Washington a letter expressing our concern that
we do not have jurisdiction over this appeal because the “Commitment Order” is not
a final judgment or an appealable interlocutory order. See In re Office of Attorney Gen. of
Tex., 215 S.W.3d 913, 915 (Tex. App.—Fort Worth 2007, orig. proceeding)
(“Decisions in contempt proceedings cannot be reviewed on appeal because contempt
orders are not appealable, even when appealed along with a judgment that is
appealable.”); Cadle Co. v. Lobingier, 50 S.W.3d 662, 671 (Tex. App.—Fort Worth 2001,
pets. denied) (en banc) (stating the same and explaining that a “contempt judgment is
reviewable only via a petition for writ of habeas corpus (if the contemnor is confined)
or a petition for writ of mandamus (if no confinement is involved)”); Anderson v.
Burleson, 583 S.W.2d 467, 467 (Tex. App.—Houston [1st Dist.] 1979, no writ) (“There
is no provision in Texas statutes for an appeal from an adjudication and commitment
for contempt.”).
We informed Washington that unless he filed a response showing grounds for
continuing the appeal, we would dismiss it. See Tex. R. App. P. 42.3(a), 44.3.
Washington has not filed a response.
Outcome: Accordingly, we dismiss his appeal for want of
jurisdiction.
Plaintiff's Experts:
Defendant's Experts:
Comments: