in Re Adam Reposa ( 2017 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-17-00769-CV
In re Adam Reposa
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator Adam Reposa has filed a petition for writ of mandamus requesting that we
order the trial court to vacate its orders finding Reposa in contempt and sentencing him to 180 days’
confinement. Reposa has also filed a motion for temporary relief requesting that we order his release
during the pendency of our consideration of his petition.
We construe Reposa’s petition as an original application for writ of habeas
corpus filed for the first time in this court of appeals.1 See In re Hall, No. 03-17-00778-CV,
2017 Tex. App. LEXIS 11069 (Tex. App.—Austin Nov. 30, 2017, orig. proceeding) (construing
substance of petition for writ of mandamus as request for habeas relief). We do not have jurisdiction
over Reposa’s request for relief. This Court’s original jurisdiction to issue a writ of habeas corpus
is limited to those cases in which a person’s liberty is restrained because the person has violated an
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An order finding a party in contempt is not reviewable by direct appeal. See Ex parte
Williams, 690 S.W.2d 243, 243 n.1 (Tex. 1985). The only remedies available to the contemnor are
obtaining a writ of mandamus (if the contemnor is not confined) or a writ of habeas corpus (if
confinement is involved). See In re Office of Att’y Gen. of Tex., 215 S.W.3d 913, 916 (Tex.
App.—Fort Worth 2007, orig. proceeding).
order, judgment, or decree entered in a civil case. See Tex. Gov’t Code § 22.221(d). This Court has
no original habeas jurisdiction in criminal law matters. See id.; Ex parte Powell, 883 S.W.2d 775,
777-78 (Tex. App.—Beaumont 1994, orig. proceeding) (courts of appeals lack jurisdiction to issue
writ of habeas corpus related to criminal contempt). We therefore dismiss this proceeding for lack
of jurisdiction.
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Scott K. Field, Justice
Before Justices Puryear, Field, and Bourland
Filed: December 11, 2017
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