NUMBER 13-12-00389-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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WILLIAMS FARMS PRODUCE SALES, INC., Appellant,
v.
R & G PRODUCE COMPANY, Appellee.
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On appeal from the County Court at Law No. 1
of Cameron County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Vela
Memorandum Opinion Per Curiam
Appellant, Williams Farms Produce Sales Inc., seeks to appeal from the trial
court’s entry of a contempt order. Appellee, R&G Produce Co., has filed a motion to
dismiss the appeal, arguing that this Court lacks subject matter jurisdiction. We agree
with appellee. See In re Office of AG, 215 S.W.3d 913, 916 (Tex. App.—Fort Worth
2007, no pet.) (“A contempt judgment may be attacked by a petition for writ of habeas
corpus (if the contemnor is confined) or a petition for writ of mandamus (if no confinement
is involved); however, because a contempt order is not a final judgment, a remedy by
appeal does not lie.”) (citations omitted); see also Beeler v. Fuqua, 351 S.W.3d 428,
433-34 (Tex. App.—El Paso 2011, pet. denied) (“A contempt order must be challenged in
an original proceeding.”).
Because we do not have jurisdiction to consider appellant’s complaint regarding
the contempt order by appeal, we DISMISS this appeal for want of jurisdiction. All
pending motions are denied as moot.
PER CURIAM
Delivered and filed the
12th day of July, 2012.
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