Tracy Nixon v. the Attorney General of the State of Texas and Kimberlyn Rhynes

Dismissed and Opinion Filed February 2, 2017

S In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-16-01159-CV

IN THE INTEREST OF C.S.N. AND J.T.N., CHILDREN On Appeal from the 301st Judicial District Court Dallas County, Texas

Trial Court Cause No. DF-00-14691

MEMORANDUM OPINION

Before Justices Francis, Fillmore, and Stoddart Opinion by Justice Francis

By notice of appeal filed September 26, 2016, Tracy Nixon challenges the trial court’s September 12, 2016 child support contempt conditional release order and the trial court’s order to withdraw admissions and substitute response. Because neither order appeared to be appealable, we directed Nixon to file a letter brief addressing our jurisdiction over the appeal. See CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 2011) (appellate courts have jurisdiction over final judgment and interlocutory orders specifically authorized as appealable by statute); In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 915-16 (Tex. App.—Fort Worth 2007, orig. proceeding) (because contempt proceedings are not concerned with disposing of all claims and parties before trial court, a contempt order is not a final judgment and is not appealable). Nixon complied, but nothing in his brief persuades us we have jurisdiction over the complained-of orders.1 Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Perez, 340 S.W.3d 447; Office of Attorney Gen., 215 S.W.3d at 915.

/Molly Francis/ MOLLY FRANCIS JUSTICE 161159F.P05

S

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

IN THE INTEREST OF C.S.N. AND J.T.N., On Appeal from the 301st Judicial District CHILDREN Court, Dallas County, Texas Trial Court Cause No. DF-00-14691. No. 05-16-01159-CV Opinion delivered by Justice Francis. Justices Fillmore and Stoddart participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered February 2, 2017.