Charlie Johnson Jr. v. Mary J. Sells

Opinion issued May 24, 2012.

In The

Court of Appeals

For The

First District of Texas

NO. 01-11-00873-CV

____________

CHARLIE JOHNSON, JR., Appellant

V.

MARY J. SELLS, Appellee

On Appeal from the 257th District Court

Harris County, Texas

Trial Court Cause No. 2008-43664

MEMORANDUM OPINION

Appellant, Charlie Johnson, Jr., filed a notice of appeal on October 4, 2011.  In his notice, appellant states he is “appealing the agreement of the 120 month probation with the community supervision department” and requests the court “reconsider punishment of [his] case.”

Based on this language in his notice of appeal, it appears appellant may be attempting to appeal from the post-judgment order of the trial court holding him in contempt for failing to pay court-ordered child and medical support.  To the extent appellant attempts to appeal from the order holding him in contempt, such an order is not reviewable by appeal.  See Norman v. Norman, 692 S.W.2d 655, 655 (Tex. 1985); Ex parte Cardwell, 416 S.W.2d 382, 384 (Tex. 1967); Wagner v. Warnasch, 295 S.W.2d 890, 893 (Tex. 1956); Hernandez v. Hernandez, 318 S.W.3d 464, 466 n.1 (Tex. App.—El Paso 2010, no pet.).

To the extent appellant attempts to appeal from the final judgment that was signed on March 9, 2009, appellant’s notice of appeal, filed more than 18 months after the judgment was signed, was not timely. See Tex. R. App. P. 26.1, 26.3.  Without a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See Tex. R. App. P. 25.1.

Furthermore, appellant has neither established indigence nor paid all the required fees.  See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent), 20.1 (listing requirements for establishing indigence); see also Tex. Gov’t Code Ann. § 51.207 (West Supp. 2011), § 51.941(a) (West 2005), § 101.041 (West Supp. 2011) (listing fees in court of appeals); Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007), reprinted in Tex. R. App. P. app. A § B(1) (listing fees in court of appeals). 

After being notified that this appeal was subject to dismissal both for want of jurisdiction and for failure to pay the fees or establish indigence, appellant did not respond.  See Tex. R. App. P. 5; 25.1; 26.1; 42.3(a), (b).

Accordingly, we dismiss the appeal.  See Tex. R. App. P. 42.3(a), (b); 43.2(f).  We dismiss any other pending motions as moot. 

PER CURIAM

Panel consists of Justices Bland, Massengale, and Brown.