Stanford C. Todd v. Christine M. David

Todd v. David DISMISSED SEPTEMBER 13, 1990 NO. 10-90-116-CV Trial Court # 24,503 IN THE COURT OF APPEALS FOR THE TENTH DISTRICT OF TEXAS AT WACO * * * * * * * * * * * * * STANFORD C. TODD, Appellant v. CHRISTINE M. DAVID, Appellee * * * * * * * * * * * * * From 52nd Judicial District Court Coryell County, Texas * * * * * * * * * * * * * O P I N I O N * * * * * * * On May 3, 1990, Stanford Todd, Appellant, was held in contempt for failing to pay child support and assessed 78 months in jail and a $6,500 fine. However, on that date the court suspended imposition of the commitment order, and placed him on probation for five years. Appellant has attempted a direct appeal of the May 3rd order to this court. A decree of contempt, though probated or suspended, constitutes a restraint on one's liberty. Ex parte Conner, 746 S.W.2d 527 (Tex. App.--Beaumont 1988) (abating appeal). Such an order can lead to incarceration and is thus quasi-criminal in nature. Ex parte Conner, 749 S.W.2d 241, 242 (Tex. App.--Beaumont 1988, no writ). This court does not have jurisdiction over a direct appeal from such an order. Wagner v. Warnasch, 156 Tex. 334, 295 S.W.2d 890 (1956); Ex parte Dillard, 577 S.W.2d 519, 520 (Tex. Civ. App.--Texarkana 1979, no writ). The appeal is dismissed for want of jurisdiction. PER CURIAM DO NOT PUBLISH