In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-20-00008-CV ___________________________
CLARENCE JEDUSS WASHINGTON, Appellant
V. CATHERINE GRACE RUBIO, Appellee
On Appeal from the 16th District Court Denton County, Texas Trial Court No. 2010-11156-16
Before Gabriel, Kerr, and Birdwell, JJ. Memorandum Opinion by Justice Gabriel
MEMORANDUM OPINION
Appellant Clarence Jeduss Washington attempts to appeal the trial court’s “Commitment Order” committing him to county jail for 180 days after a finding of contempt for his failure to make 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. Accordingly, we dismiss his appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); In re Office of Attorney Gen. of Tex., 215 S.W.3d *3 at 915; Cadle Co., 50 S.W.3d at 671; Kristopher v. State, No. 14-98-1042-CR, 1998 WL 725812, at *1 (Tex. App.—Houston [14th Dist.] Oct. 8, 1998, no pet.) (not designated for publication) (“We are unable to consider these appeals because orders of contempt and commitment are unappealable, interlocutory orders.”).
/s/ Lee Gabriel
Lee Gabriel Justice
Delivered: February 13, 2020