Hannah Pereira v. Jonatas Silva Pereira ( 2023 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00402-CV
Hannah Pereira, Appellant
v.
Jonatas Silva Pereira, Appellee
FROM THE COUNTY COURT AT LAW NO. 4 OF WILLIAMSON COUNTY
NO. 20-0199-FC4, THE HONORABLE JOHN B. MCMASTER, JUDGE PRESIDING
MEMORANDUM OPINION
Hannah Pereira attempts to appeal from the trial court’s Order of Contempt
of Court and Temporary Orders in a suit to modify the parent-child relationship. On
August 4, 2023, the Clerk of this Court informed Pereira that it appears that this Court lacks
jurisdiction over this matter because there is no final judgment or appealable order. The Clerk
requested that Pereira file a response by August 14, 2023, explaining how this Court may
exercise jurisdiction over this matter. Pereira has not filed a response.
This Court has jurisdiction over appeals from final judgments and from certain
interlocutory orders made appealable by statute. Scripps NP Operating, LLC v. Carter,
573 S.W.3d 781, 788 (Tex. 2019). Pereira seeks to appeal from an order holding her in criminal
contempt and a temporary order modifying the terms of the parties’ divorce decree regarding
possession of or access to their children. Neither an order holding a party in contempt nor a
temporary order in a suit to modify the parent-child relationship is appealable. See, e.g., In re
Janson, 614 S.W.3d 724, 727 (Tex. 2020) (orig. proceeding) (“Because contempt orders are not
appealable, they are reviewable only by writ of mandamus or habeas corpus.”); In re McPeak,
525 S.W.3d 310, 313 & n.1 (Tex. App.—Houston [14th Dist.] 2017, orig. proceeding)
(temporary orders).
We dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
__________________________________________
Rosa Lopez Theofanis, Justice
Before Chief Justice Byrne, Justices Kelly and Theofanis
Dismissed for Want of Jurisdiction
Filed: August 18, 2023
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