Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-19-00532-CV

IN THE INTEREST OF N.J.L., J.B.L., and I.J.L.

From the 166th Judicial District Court, Bexar County, Texas

Trial Court No. 2013EM504476

Honorable Mary Lou Alvarez, Judge Presiding

PER CURIAM

Sitting: Luz Elena D. Chapa, Justice

Irene Rios, Justice

Beth Watkins, Justice

Delivered and Filed: September 25, 2019

DISMISSED FOR LACK OF JURISDICTION 

This appeal arises from the Attorney General’s motion for enforcement of a 2013 order for 

child support and medical support. After trial, the court signed an order dated June 13, 2019, in 

which it found the father of the children, J.M.L., in arrears. The court rendered judgment against 

J.M.L. on the arrearages, ordered J.M.L. to pay $1,500.00 by August 28, 2019, and set forth a 

schedule for payment of the remainder of the judgment. The trial court also found J.M.L. in 

contempt for failing to make the court-ordered child support and medical support payments. The 

court rendered a judgment of punitive contempt, ordering J.M.L. committed to the county jail for 

a period of 180 days for each of eight violations, to run concurrently. The court also rendered a 

judgment of coercive contempt, ordering J.M.L. committed to the county jail until he pays $1,500 
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in arrearages. The court deferred commencement of the punitive and coercive commitment until 

August 28, 2019.

J.M.L. filed a notice of appeal on August 12, 2019, stating he “desires to appeal all portions 

of the judgment.” The clerk’s record was filed, and our review of the record raised questions 

regarding our jurisdiction over this appeal. We therefore ordered J.M.L. to show cause by 

September 6, 2019, why the appeal should not be dismissed for lack of jurisdiction. J.M.L. did not 

respond to our order.

With respect to the contempt portions of the Order, “[a]ppellate courts do not have 

jurisdiction to review contempt proceedings on direct appeal.” In re T.L.K., 90 S.W.3d 833, 841 

(Tex. App.—San Antonio 2002, no pet.). Contempt orders may be reviewed by an application for 

a writ of habeas corpus if the contemnor’s liberty has been restrained, or by a petition for a writ of 

mandamus if the contemnor has not been confined or otherwise had his liberty restrained. In re 

Long, 984 S.W.2d 623, 625 (Tex. 1999) (orig. proceeding) (per curiam) (“Contempt orders that do 

not involve confinement cannot be reviewed by writ of habeas corpus, and the only possible relief 

is a writ of mandamus.”); Rosser v. Squier, 902 S.W.2d 962, 962 (Tex. 1995); In re Rivas-Luna, 

528 S.W.3d 167, 169 (Tex. App.—El Paso, 2017, orig. proceeding) (holding that contempt order, 

suspended on condition that contemnor pay child support arrearages and otherwise comply with 

trial court’s orders should be challenged by mandamus). 

With respect to the part of the Order rendering judgment for support arrearages, the record 

reflects the notice of appeal was not timely filed. The Order was signed June 13, 2019, and no 

motion that would have extended the appellate timetable was filed. See Tex. R. Civ. P. 329b(g); 

Tex. R. App. P. 26.1(a). Thus, the notice of appeal was due July 15, 2019, or a motion for extension 

of time to file the notice of appeal was due fifteen days later on July 30, 2019. See Tex. R. App. P. 

26.1, 26.3. J.M.L. did not file a motion for extension of time to file the notice of appeal and he did 
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not file his notice of appeal until August 2, after the time to do so had expired. A timely notice of 

appeal must be filed in order to invoke this court’s jurisdiction. See Sweed v. Nye, 323 S.W.3d 873 

(Tex. 2010). Once the period for filing a motion for extension of time under Rule 26.3 has passed, 

a party can no longer invoke the appellate court’s jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 

615, 615 (1997).

This court lacks appellate jurisdiction over the trial court’s June 13, 2019, order, and we 

therefore dismiss the appeal. 

PER CURIAM