William Fishback v. James Patrick Walker, Sr. ( 2022 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00455-CV
William FISHBACK,
Appellant
v.
James Patrick WALKER Sr.,
Appellee
From the 406th Judicial District Court, Webb County, Texas
Trial Court No. 2022CVK000319D4
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: September 7, 2022
DISMISSED FOR WANT OF JURISDICTION
On July 18, 2022, the trial court found that Appellant William Fishback had violated thirty-
three provisions of a protective order, and it held him in contempt for each count. The trial court
ordered Appellant confined in the Webb County Jail for a period of 180 days.
On July 26, 2022, Appellant filed a second amended notice of appeal which identifies five
points Appellant seeks to appeal, numbered as 2.a through 2.e. In paragraph 2.b, Appellant seeks
to appeal from the trial court’s July 18, 2022 contempt order. In paragraph 2.c, Appellant seeks to
appeal from the Final Protective Order signed on May 19, 2022.
04-22-00455-CV
On August 11, 2022, we ordered Appellant to show cause in writing by August 26, 2022,
why this appeal should not be dismissed for want of jurisdiction. See Collins, 802 S.W.2d at 705.
We advised Appellant that he must show how this court has appellate jurisdiction for the matters
listed in each of the notice of appeal paragraphs numbered 2.a through 2.e. We noted that the
clerk’s record filed on August 8, 2022, does not contain some of the documents and orders referred
to in paragraphs 2.a through 2.e. See TEX. R. APP. P. 34.5(a) (noting that in a civil case, “the record
must include copies of . . . all pleadings on which the trial was held [and] the court’s judgment or
other order that is being appealed” (emphasis added)).
On August 12, 2022, the Webb County District Clerk filed a supplemental clerk’s record,
but Appellant did not file a written response showing how this court has jurisdiction in this appeal.
Relevant here, “the validity of a [criminal] contempt judgment can be attacked ‘only by
way of habeas corpus.’” Collins v. Kegans, 802 S.W.2d 702, 705 (Tex. Crim. App. 1991) (quoting
Deramus v. Thornton, 333 S.W.2d 824, 827 (Tex. 1960)); accord Gonzalez v. State, 187 S.W.3d
166, 170 (Tex. App.—Waco 2006, no pet.). Appellant has failed to show how we have appellate
jurisdiction over the contempt order. See TEX. R. APP. P. 42.3(a), (c); Collins, 802 S.W.2d at 705.
Further, assuming the May 19, 2022 Final Protective Order was an appealable order,
Appellant’s July 25, 2022 notice of appeal was untimely, and it failed to invoke this court’s
appellate jurisdiction. See TEX. R. APP. P. 26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617
(Tex. 1997) (“[O]nce the period for granting a motion for extension of time under Rule [26.3] has
passed, a party can no longer invoke the appellate court’s jurisdiction.”).
We dismiss this appeal for want of jurisdiction.
PER CURIAM
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