in the Interest of K.L.R. and S.M.R. ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-05-209 CV ____________________

IN THE INTEREST OF K.L.R. AND S.M.R.

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On Appeal from the 317th District Court Jefferson County, Texas Trial Cause No. C-128,681-B

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MEMORANDUM OPINION

On appeal, Leon Robles attacks the trial court's order finding him in contempt for failure to pay child support. We dismiss this cause for want of jurisdiction.

In 1987, the trial court entered a divorce decree ordering Robles to pay child support. In June 2004, the trial court entered an order finding Robles in contempt for failure to pay child support, but suspended Robles's commitment, placed him on community supervision, and granted an arrearage judgment. Subsequently, the Texas Attorney General's Office filed a motion to revoke Robles's community supervision for failure to pay both current child support and arrearage. The trial court granted the revocation motion in April 2005 and ordered that Robles be committed to the county jail for 180 days.

Though Robles filed a notice of appeal regarding the trial court's April 2005 revocation order, he complains only of the 2004 contempt order in his appellate brief. In two issues he contends that the June 2004 contempt order is void on its face and that the original pleadings asking the trial court to hold him in contempt did not meet statutory requirements.

Courts of appeals generally do not have jurisdiction to review contempt orders by direct appeal. In re A.C.J., 146 S.W.3d 323, 326 (Tex. App. - Beaumont 2004, no pet.); In re B.A.C., 144 S.W.3d 8, 10-12 (Tex. App. - Waco 2004, no pet.); In re T.L.K., 90 S.W.3d 833, 841 (Tex. App. - San Antonio 2002, no pet.) "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)." Cadle Co. v. Lobingier, 50 S.W.3d 662, 671 (Tex. App. - Fort Worth 2001, pet. denied) (citation omitted).

Because Robles is attempting to challenge the contempt proceedings by direct appeal, we do not have jurisdiction. Accordingly, we dismiss this appeal for want of jurisdiction.

APPEAL DISMISSED.

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HOLLIS HORTON

Justice

Submitted on October 10, 2005

Opinion Delivered December 22, 2005

Before Gaultney, Kreger and Horton, JJ.