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Norman v. Norman

Supreme Court of Texas
Jul 3, 1985
692 S.W.2d 655 (Tex. 1985)

Summary

holding a contempt order is not reviewable by appeal

Summary of this case from In re Z.O.M.

Opinion

No. C-3991.

July 3, 1985.

Appeal from the District Court No. 303, Dallas County, Gorman, J.

William C. Odeneal, William E. Norman, Dallas, for petitioner.

Burt Barr, Dallas, for respondent.


This is an attempted appeal from an order finding an alleged contemnor not to be in contempt of court. The managing conservator, Marsha D. Norman, began the present proceeding by filing a motion for contempt complaining that the possessory conservator, William E. Norman, was in arrears in his child support obligation. William filed a reply in which he pleaded as an affirmative defense that Marsha had voluntarily relinquished possession of their son to him and that he was supporting the child. See TEX.FAM CODE § 14.09(e) (Vernon supp. 1985).

The trial court found William to be in arrears, but did not hold him in contempt because it found William had, in good faith, erroneously relied on § 14.09(e). The court of appeals, en banc, affirmed the judgment concluding that § 14.09(e) was no defense under the present facts because Marsha had not voluntarily relinquished possession of the child to William. Three judges dissented. 683 S.W.2d 548.

The court of appeals has erred in assuming jurisdiction over the present matter because an order finding a party not in contempt is not a final, appealable judgment. Wagner v. Warnasch, 156 Tex. 335, 295 S.W.2d 890 (1956). This court has jurisdiction to vacate the judgment of the court of appeals when it erroneously exercises its jurisdiction. Baker v. Hansen, 679 S.W.2d 480 (Tex. 1984); McCauley v. Consolidated Underwriters, 157 Tex. 475, 304 S.W.2d 265 (1957).

Pursuant to TEX.R.CIV.P. 483, we grant the application for writ of error, and without hearing oral argument, reverse the judgment of the court of appeals and dismiss the appeal.


Summaries of

Norman v. Norman

Supreme Court of Texas
Jul 3, 1985
692 S.W.2d 655 (Tex. 1985)

holding a contempt order is not reviewable by appeal

Summary of this case from In re Z.O.M.

holding a contempt order is not reviewable by appeal

Summary of this case from In re Z.O.M.

holding that appellate court "erred in assuming jurisdiction over the present matter because an order finding a party not in contempt is not a final, appealable judgment"

Summary of this case from Mahrou v. Byrd

holding that appellate court lacked jurisdiction over direct appeal from order finding party not in contempt

Summary of this case from In re J.E.B.

holding appellate court lacked jurisdiction over direct appeal from order finding party not in contempt

Summary of this case from Thoele v. Thoele

holding that the court of appeals did not have jurisdiction over an order refusing to find an obligor in contempt for child support arrearage

Summary of this case from In re Interest of M.A.A.

holding that "an order finding a party not in contempt is not a final, appealable judgment"

Summary of this case from Haffelfinger v. Adams

holding that court of appeals had no jurisdiction over an appeal from an order finding a party not in contempt

Summary of this case from In re the Guardianship of Bays

holding that court of appeals had no jurisdiction over an appeal from an order finding a party not in contempt

Summary of this case from Hooper v. Hooper

holding that court of appeals erred in assuming jurisdiction over appeal from a trial court's denial of a motion to hold a party in contempt for failing to pay back child support

Summary of this case from In re W.J.B

holding that the court of appeals did not have jurisdiction over an order refusing to find an obligor in contempt for child support arrearage

Summary of this case from In re Murphy

holding that the court of appeals did not have jurisdiction over an order refusing to find an obligor in contempt for child support arrearage

Summary of this case from In re M.P.M

finding direct excessive payments made by obligor to obligee was a gratuitous decision

Summary of this case from McCord v. Monfort (In re Monfort)
Case details for

Norman v. Norman

Case Details

Full title:William E. NORMAN, Petitioner, v. Marsha D. NORMAN, Respondent

Court:Supreme Court of Texas

Date published: Jul 3, 1985

Citations

692 S.W.2d 655 (Tex. 1985)

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