Calvin Monasco v. Gilmer Boating and Fishing Club

In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________

No. 06-11-00132-CV ______________________________

CALVIN MONASCO, Appellant

V. GILMER BOATING AND FISHING CLUB, Appellee

On Appeal from the 115th Judicial District Court Upshur County, Texas Trial Court No. 748-07

Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Calvin Monasco has filed a notice of appeal against a judgment of contempt entered against him by the 115th Judicial District Court of Upshur County. Generally, only final decisions of trial courts are appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Hinde v. Hinde, 701 S.W.2d 637, 639 (Tex. 1985); N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966); see TEX. CIV. PRAC. & REM. CODE ANN. § 51.012 (West Supp. 2011) (final judgment of district and county courts). The Legislature has also authorized the appeal of a number of interlocutory orders, not including orders of contempt. See, e.g., TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (West Supp. 2011).

An order holding a person in contempt is not one from which an appeal may be brought. Ex parte Cardwell, 416 S.W.2d 382, 384 (Tex. 1967); Pandozy v. Beaty, 254 S.W.3d 613, 616 (Tex. App.—Texarkana 2008, no pet.) (citing Ex parte Williams, 690 S.W.2d 243 (Tex. 1985)). Relief is available only through application for a writ of habeas corpus. Grimes v. Grimes, 706 S.W.2d 340, 343 (Tex. App.—San Antonio 1986, writ dism’d) (citing Wagner v. Warnasch, 259 S.W.2d 890, 893 (Tex. 1956)). We, therefore, may not accept jurisdiction over this appeal.

We dismiss the appeal for want of jurisdiction.

Jack Carter Justice

Date Submitted: February 16, 2012 Date Decided: February 17, 2012