In Re Off. of the Attorney Gen. of Texas, 215 S.W.3d 913 (Tex. App. 2007). · Go Syfert
In Re Off. of the Attorney Gen. of Texas, 215 S.W.3d 913 (Tex. App. 2007). Cases Citing This Book View Copy Cite
“an obligor may plead as an affirmative defense to an allegation of contempt . . . that the obligor . . . lacked the ability to provide support in the amount ordered”
153 citation events (153 in the last 25 years) across 2 distinct courts.
Strongest positive: in the Interest of K. N. C. (texapp, 2018-08-02)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) in the Interest of K. N. C.
Tex. App. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
an obligor may plead as an affirmative defense to an allegation of contempt . . . that the obligor . . . lacked the ability to provide support in the amount ordered
discussed Cited as authority (rule) Andrew Wilburn Russell v. Heather Diane Schriber
Tex. App. · 2024 · confidence medium
Contempt proceedings, whether the court grants or denies the motion, are not appealable because they “are not concerned with disposing of all claims and parties before the court, as are judgments; instead, contempt proceedings involve a court’s enforcement of its own orders, regardless of the status of the claims between the parties before it.” In re Office of Attorney 9 Gen. of Tex., 215 S.W.3d 913, 915-16 (Tex. App.—Fort Worth 2007, orig. proceeding); Hooper v. Hooper, No. 14-09-01024-CV, 2011 WL 334198 , at *1 (Tex. App.—Houston [14th Dist.] Feb. 3, 2011, no pet.) (mem. op.) (dism…
discussed Cited as authority (rule) Gyanendra Patra v. Clare Schoene and Adam E. Hampton
Tex. App. · 2023 · confidence medium
In re Off. of Att’y Gen. of Tex., 215 S.W.3d 913, 916 (Tex. App.—Fort Worth 2007, no pet.); In re Janson, 614 S.W.3d at 727 (“When the contemnor is not jailed, the proper vehicle to challenge a contempt order is a writ of mandamus . . . .”).
discussed Cited as authority (rule) Eric John Ramirez v. Juanita Sanchez (2×)
Tex. App. · 2023 · confidence medium
Gen. of Tex., 215 S.W.3d 913, 915 (Tex. App.—Fort Worth 2007, original 27 App.—Houston [14th Dist.] Nov. 20, 2018, no pet.) (mem. op.) (“We lack jurisdiction to review the dismissal of Father’s request that the trial court use its contempt powers to punish Mother’s alleged noncompliance with the divorce decree.”).
discussed Cited as authority (rule) Eric John Ramirez v. Juanita Sanchez (2×)
Tex. App. · 2023 · confidence medium
Gen. of Tex., 215 S.W.3d 913, 915 (Tex. App.—Fort Worth 2007, original 27 App.—Houston [14th Dist.] Nov. 20, 2018, no pet.) (mem. op.) (“We lack jurisdiction to review the dismissal of Father’s request that the trial court use its contempt powers to punish Mother’s alleged noncompliance with the divorce decree.”).
discussed Cited as authority (rule) In the Interest of J.R.-H. and A.R.-H., Children v. the State of Texas
Tex. App. · 2023 · confidence medium
We have previously summarized the law on the appealability of contempt orders as follows: “Decisions in contempt proceedings cannot be reviewed on appeal because contempt orders are not appealable, even when appealed along with a judgment that is appealable.” In re Off[.] of [Att’y] Gen. of Tex., 215 S.W.3d 913, 915 (Tex. App.—Fort Worth 2007, orig. proceeding) (quoting Cadle Co. . . . , 50 S.W.3d [at] 671 . . . ); see Tex. Animal Health Comm’n v. Nunley, 647 S.W.2d 951, 952 (Tex. 1983).
discussed Cited as authority (rule) Jimie Dianne Owsley v. Brian Leon Owsley (2×) also: Cited "see"
Tex. App. · 2022 · confidence medium
Gen. of Tex., 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.”) (Internal citation omitted).
discussed Cited as authority (rule) China Mist Garett v. Qiana Manns
Tex. App. · 2020 · confidence medium
Gen. of Tex., 215 S.W.3d 913, 915 (Tex. App.—Fort Worth 2007, orig. proceeding) (explaining that contempt orders are not appealable and must be attacked by petition for writ of habeas corpus or writ of mandamus).
discussed Cited as authority (rule) in the Guardianship of Hortencia T. Vara, an Incapacitated Person
Tex. App. · 2019 · confidence medium
Contempt proceedings are not appealable because they involve a court’s enforcement of its own orders and “are not concerned with disposing of all claims and parties before the court, as are judgments.” In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 915-16 (Tex. App.—Fort Worth 2007, orig. proceeding).
discussed Cited as authority (rule) in the Guardianship of Hortencia T. Vara, an Incapacitated Person
Tex. App. · 2019 · confidence medium
Contempt proceedings are not appealable because they involve a court’s enforcement of its own orders and “are not concerned with disposing of all claims and parties before the court, as are judgments.” In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 915-16 (Tex. App.—Fort Worth 2007, orig. proceeding).
discussed Cited as authority (rule) Darius L. Heads v. Brittney McDade
Tex. App. · 2019 · confidence medium
In re Office of Att’y Gen. of Tex., 215 S.W.3d 913, 915 (Tex. App.— Fort Worth 2007, orig. proceeding); Sheridan v. Office of the Att’y Gen., No. 03-14-00176-CV, 2014 Tex. App. LEXIS 12370 , at *1 (Tex. App.—Austin Nov. 12, 2014, no pet.) (mem. op.).
discussed Cited as authority (rule) in the Interest of T.F., J.F., L.F., and W.F., Children
Tex. App. · 2019 · confidence medium
Gen. of Tex., 215 S.W.3d 913, 915 (Tex. App.—Fort Worth 2007, orig. proceeding); see Tex. Animal Health Comm’n v. Nunley, 647 S.W.2d 951, 952 (Tex. 1983) (noting the court of appeals dismissed the appeal of a contempt order for want of jurisdiction “since judgments of contempt are not appealable orders” and agreeing the court of appeals “lacked jurisdiction to review the contempt order”).
discussed Cited as authority (rule) William Runnels v. Domanita Craddock Neal (2×) also: Cited "see"
Tex. App. · 2018 · confidence medium
A contempt order “protects the status of the court itself; the power to punish for contempt is an essential element of judicial independence and authority that enables courts to persuade parties to obey an order of the court so that the order will not be rendered ineffectual by recalcitrant litigants.” In re Office of Atty Gen. of Tex., 215 S.W.3d 913, 915 (Tex. App.—Fort Worth 2007, orig. proceeding).
cited Cited as authority (rule) in Re State of Texas Ex Rel. David Escamilla, Travis County Attorney
Tex. App. · 2017 · confidence medium
See In re Long, 984 S.W.2d 623, 625 (Tex. 1999); In re Office of Att’y Gen. of Tex., 215 S.W.3d 913, 916 (Tex. App.—Fort Worth 2007, orig. proceeding).
discussed Cited as authority (rule) Shakeel Mustafa v. Pakiza Asim
Tex. App. · 2017 · confidence medium
Mustafa, instead, asserts that the motion to dismiss should be denied because he has now filed a motion to amend his notice of appeal stating that he “no longer desires to prosecute his appeal from the [April 17 contempt order]” and that he “desires to appeal from a different order—the July 17, 2017, ‘Order in Suit to Modify the Parent-Child Relationship.’” 1 Although a contempt order is not reviewable by direct appeal, a contempt order “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 i…
discussed Cited as authority (rule) Tracy Nixon v. the Attorney General of the State of Texas and Kimberlyn Rhynes
Tex. App. · 2017 · confidence medium
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).
discussed Cited as authority (rule) in Re Natural Soda, LLC
Tex. App. · 2016 · confidence medium
Thus, even if reasonable minds could differ on the import of Hi-Pro’s testimony, the evidence does not show that Natural Soda had a “willful intent to violate the TRO,” much less support such a finding beyond a reasonable doubt. 21 courts have recognized, “[t]here is no adequate remedy by appeal if a trial court abuses its discretion when holding someone in contempt.” In re D.A., No. 02-14-00198-CV, 2014 Tex. App. LEXIS 9018 , at *8 (Tex. App.—Fort Worth Aug. 14, 2014, orig. proceeding) (per curiam) (citing In re Office of Att’y Gen. of Tex., 215 S.W.3d 913, 916 (Tex. App.—Fort…
cited Cited as authority (rule) Tracy Nixon v. the Attorney General of the State of Texas
Tex. App. · 2016 · confidence medium
Resources Co., 969 S.W.2d 427, 428-29 (Tex. 1998) (orig. proceeding); In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 916 (Tex. App.—Fort Worth 2007, no pet.).
cited Cited as authority (rule) Hari Krishna Mallela v. Suneetha Mallela
Tex. App. · 2016 · confidence medium
P. 41.3. 2 final judgment, a remedy by appeal does not lie.” In re Office of Atty Gen., 215 S.W.3d 913, 915-16 (Tex. App.—Fort Worth 2007, no pet.).
cited Cited as authority (rule) German Chavira and Alejandro Fabela, Both Individually and Both D/B/A El Paso Pavement Specialist and El Paso Pavement Specialist, LLC v. Quarry Hills Management, LLC
Tex. App. · 2014 · confidence medium
Gen. of Texas, 215 S.W.3d 913, 916 (Tex.App.--Fort Worth 2007, no pet.).
cited Cited as authority (rule) Chavira v. Quarry Hills Management, LLC
Tex. App. · 2014 · confidence medium
Gen. of Texas, 215 S.W.3d 913, 916 (Tex.App.-Fort Worth 2007, no pet.).
discussed Cited as authority (rule) in the Interest of T.S.P., a Child
Tex. App. · 2014 · confidence medium
Gen. of Tex., 215 S.W.3d 913, 916 (Tex. App.—Fort Worth 2007, orig. proceeding); see also McFadden v. Deedler, No. 03-13-00486-CV, 2014 WL 4364540 (Tex. App.—Dallas Aug. 27, 2014, no pet.) (mem. op.).
discussed Cited as authority (rule) Charles Eugene McFadden v. Shannon Deedler
Tex. App. · 2014 · confidence medium
See In re C.N., 313 S.W.3d at 491 n.1; In re Office of Att’y Gen., 215 S.W.3d at 916 (noting that arrearage judgment is appealable and contempt judgment is subject to petition for writ of mandamus if no confinement is involved).
cited Cited as authority (rule) in Re: Buster Fitzgerald
Tex. App. · 2014 · confidence medium
In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 915 (Tex. App.–Fort Worth 2007, orig. proceeding).
cited Cited as authority (rule) In re Fitzgerald
Tex. App. · 2014 · confidence medium
In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 915 (Tex.App.-Fort Worth 2007, orig. proceeding).
cited Cited as authority (rule) in the Interest of A.A.E., a Child
Tex. App. · 2014 · confidence medium
See id. §§ 201.015(a) (West 2014), 201.1041(a); In re the Office of the Att’y Gen. of Tex., 215 S.W.3d 913, 916 (Tex. App.—Fort Worth 2007, orig. proceeding).
cited Cited as authority (rule) Buster Fitzgerald v. the Cadle Company, as Assignee of Tyler National Bank
Tex. App. · 2014 · confidence medium
In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 915-16 (Tex. App.–Fort Worth 2007, orig. proceeding).
discussed Cited as authority (rule) Daniel Caldwell v. Jennifer Garfutt
Tex. App. · 2014 · confidence medium
See In re C.N., 313 S.W.3d at 491 n.1; In re Office of Attorney Gen., 215 S.W.3d at 916 (noting that arrearage judgment appealable and that contempt judgment subject to petition for writ of mandamus if no confinement is involved).
cited Cited as authority (rule) in Re: William W. Adams
Tex. App. · 2013 · confidence medium
In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 915-16 (Tex.App.-Fort Worth 2007, orig. proceeding).
cited Cited as authority (rule) in the Interest of B.J.H.-T., a Child
Tex. App. · 2013 · confidence medium
In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 916 (Tex. App.—Fort Worth 2007, no pet.).
discussed Cited as authority (rule) Cornelius Hudson v. Major Joe E. and Shirley Bryant
Tex. App. · 2012 · confidence medium
See Ex parte Williams , 690 S.W.2d 243 , 243 n.1 (Tex. 1985) (orig. proceeding); In re Office of Attorney Gen. of Tex. , 215 S.W.3d 913, 916 (Tex. App.—Fort Worth 2007, orig. proceeding) (“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.”) (citation omitted).
cited Cited as authority (rule) Cornelius Hudson v. Major Joe E. and Shirley Bryant
Tex. App. · 2012 · confidence medium
See Ex parte Williams, 690 S.W.2d 243 , 243 n.1 (Tex. 1985) (orig. proceeding); In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 916 (Tex. 1 See Tex. R.
discussed Cited as authority (rule) in the Interest of L.S., A.S., and M.S., Children (2×) also: Cited "see"
Tex. App. · 2012 · confidence medium
In re Office of the Attorney Gen. of Tex., 215 S.W.3d 913, 915 (Tex. App.—Fort Worth 2007, orig. proceeding).
discussed Cited as authority (rule) in the Interest of L.S., A.S., and M.S., Children (2×) also: Cited "see"
Tex. App. · 2012 · confidence medium
In re Office of the Attorney Gen. of Tex. , 215 S.W.3d 913, 915 (Tex. App.—Fort Worth 2007, orig. proceeding).
discussed Cited as authority (rule) Eric Salas v. Chris Christensen Systems, Inc.
Tex. App. · 2011 · confidence medium
See Norman v. Norman, 692 S.W.2d 655, 655 (Tex. 1985); In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 915-16 (Tex. App.—Fort Worth 2007, orig. proceeding); Chambers v. Rosenberg, 916 S.W.2d 633, 634 (Tex. App.— Austin 1996, writ denied); Pruett v. Pruett, 754 S.W.2d 802, 803 (Tex. App.—Tyler 1988, no writ).
discussed Cited as authority (rule) In Re Aslam (2×)
Tex. App. · 2011 · confidence medium
In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 916 (Tex.App.-Fort Worth 2007, orig. proceeding). [6] In an original proceeding challenging a trial court's contempt order, the relator bears the burden of showing that the order is void.
discussed Cited as authority (rule) in Re Emily Aslam
Tex. App. · 2011 · confidence medium
In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 916 (Tex. App.—Fort Worth 2007, orig. proceeding).6 In an original proceeding challenging a trial court‘s contempt order, the relator bears the burden of showing that the order is void.
discussed Cited as authority (rule) In Re the Guardianship of Bays
Tex. App. · 2011 · confidence medium
Contempt proceedings are not appealable because they “are not concerned with disposing of all claims and parties before the court, as are judgments; instead, contempt proceedings involve a court’s enforcement of its own orders, regardless of the status of the claims between the parties before it.” In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 915-16 (Tex.App.-Fort Worth 2007, orig. proceeding); see also Norman v. Norman, 692 S.W.2d 655, 655 (Tex.1985) (holding *722 that court of appeals had no jurisdiction over an appeal from an order finding a party not in contempt); In re Nayl…
cited Cited as authority (rule) Glassman v. Goodfriend
Tex. App. · 2011 · confidence medium
Gen. of Tex., 215 S.W.3d 913, 915-16 (Tex. App.-Fort Worth 2007, orig. proceeding) (quoting Cadle Co. v. Lobingier, 50 S.W.3d *781 662, 671 (Tex.App.-Fort Worth 2001, pet. denied)).
discussed Cited as authority (rule) Jon Skelton and Skelton Investments, LLC v. Plainscapital Bank (2×) also: Cited "see"
Tex. App. · 2011 · confidence medium
In re Office of the Attorney Gen. of Tex. , 215 S.W.3d 913, 915 (Tex. App.—Fort Worth 2007, orig. proceeding).
discussed Cited as authority (rule) Jon Skelton and Skelton Investments, LLC v. Plainscapital Bank (2×) also: Cited "see"
Tex. App. · 2011 · confidence medium
In re Office of the Attorney Gen. of Tex., 215 S.W.3d 913, 915 (Tex. App.—Fort Worth 2007, orig. proceeding).
discussed Cited as authority (rule) In Re Ezukanma (2×)
Tex. App. · 2011 · confidence medium
See In re Long, 984 S.W.2d 628, 625 (Tex.1999); In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 916 (Tex.App.-Fort Worth 2007, orig. proceeding).
cited Cited as authority (rule) in Re Noble Ezukanma
Tex. App. · 2011 · confidence medium
See In re Long, 984 S.W.2d 623, 625 (Tex. 1999); In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 916 (Tex. App.CFort Worth 2007, orig. proceeding).
discussed Cited as authority (rule) in Re Gina P. Honermann-Garinger (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
In re Office of Attorney Gen. of Tex. , 215 S.W.3d 913, 916 (Tex. App.—Fort Worth 2007, orig. proceeding).
discussed Cited as authority (rule) in Re Gina P. Honermann-Garinger (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
In re Office of Attorney Gen. of Tex., 215 S.W.3d 913, 916 (Tex. App.—Fort Worth 2007, orig. proceeding).
cited Cited as authority (rule) in the Interest of N.Q. and F.Q., Children
Tex. App. · 2010 · confidence medium
In re Office of the Att’y Gen. of Tex. , 215 S.W.3d 913, 916 (Tex. App.—Fort Worth 2007, orig. proceeding) (citing Lehmann v. Har-Con Corp ., 39 S.W.3d 191, 195 (Tex. 2001)).
cited Cited as authority (rule) Hernandez v. Hernandez
Tex. App. · 2010 · confidence medium
Gen. of Texas, 215 S.W.3d 913, 916 (Tex.App.-Fort Worth 2007, no pet.); see Cadle Co. v. Lobingier, 50 S.W.3d 662, 671 (Tex.App.-Fort Worth 2001, pet. denied).
cited Cited as authority (rule) Lazaro Hernandez v. Carmen S. Hernandez
Tex. App. · 2010 · confidence medium
Gen. of Texas , 215 S.W.3d 913, 916 (Tex. App. - Fort Worth 2007, no pet.); see Cadle Co. v. Lobingier , 50 S.W.3d 662, 671 (Tex. App. - Fort Worth 2001, pet. denied).
cited Cited as authority (rule) in Re David E. Marcus
Tex. App. · 2009 · confidence medium
Gen. of Texas , 215 S.W.3d 913, 915-16 (Tex. App.--Fort Worth 2007, orig. proceeding).
cited Cited as authority (rule) Marcus v. Smith
Tex. App. · 2009 · confidence medium
Gen. of Texas, 215 S.W.3d 913, 915-16 (Tex.App.-Fort Worth 2007, orig. proceeding).
Retrieving the full opinion text from the archive…
In Re the Office of the Attorney General of Texas.
2-06-364-CV.
Court of Appeals of Texas.
Jan 25, 2007.
215 S.W.3d 913
Michael D. Becker, Austin, for Relator., William W. Harris, Fort Worth, for Respondent., Jim Mintor and Catherine Ann R. Dun-navant, Fort Worth, for Real Party In Interest.
Dauphinot, Gardner, McCOY.
Cited by 102 opinions  |  Published

OPINION

BOB McCOY, Justice.

I. INTRODUCTION

Relator The Office of the Attorney General of Texas seeks mandamus relief from the district court’s dismissal, on double jeopardy grounds, of the OAG’s appeal of the associate judge’s order in a child support enforcement action. We hold that the dismissal was an abuse - of discretion because the associate judge’s order was not a final order, so the original jeopardy was never terminated. We conditionally grant the petition for writ of mandamus.

II. BACKGROUND

The OAG filed a motion for enforcement against real party in interest James McClendon seeking unpaid child support and requesting the court to hold McClen-don in contempt. This motion for enforcement was referred to an associate judge, who signed an order that granted a $42,248.24 arrearage judgment against McClendon but did not mention the OAG’s request to hold McClendon in contempt. The order is signed by the associate judge only, who apparently attempted to issue a final order because he crossed out the paragraph titled “Associate Judge’s Report” on the final page of the order. He also put his signature on the “Order Adopting Associate Judge’s Report” signature block intended for the district court and crossed out the words “Adopting Associate Judge’s Report.” The signature line[*915] for this block read, “Judge Presiding”; in front of these words he added “Associate” and signed his name.

The OAG appealed this order to the district court, complaining that the associate judge failed to find McClendon in contempt. McClendon responded, in part, by asserting that the contempt issue had already been tried by the associate judge, and to retry him would place him in double jeopardy and violate his lights under the United States and Texas Constitutions. The district court, stating that it “sustained” McClendon’s affirmative defense of double jeopardy, affirmed the associate judge’s order and dismissed the appeal. The OAG now seeks mandamus relief from the district court’s order dismissing its appeal.

III. LAW AND APPLICATION TO FACTS

Mandamus relief is proper only to correct a clear abuse of discretion when there is no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex.2004) (orig. proceeding). A trial court clearly abuses its discretion when it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law. Walker v. Packer, 827 S.W.2d 833, 839 (Tex.1992) (orig. proceeding). Thus, a clear failure by the trial court to analyze or apply the law correctly will constitute an abuse of discretion and may result in mandamus. Id. at 840.

McClendon argues that the OAG had an adequate remedy by appeal because the district court’s order was a final order that disposed of all issues before the court. However, an order finding a party not in contempt is not a final, appealable judgment, and an appellate court has no jurisdiction over such an order. Norman v. Norman, 692 S.W.2d 655, 655 (Tex. 1985). “Decisions in contempt proceedings cannot be reviewed on appeal because contempt orders are not appealable, even when appealed along with a judgment that is appealable.” Cadle Co. v. Lobingier, 50 S.W.3d 662, 671 (Tex.App.-Fort Worth 2001, pet. denied); see also In re B.A.C., 144 S.W.3d 8, 10-12 (Tex.App.-Waco 2004, no pet.) (listing cases). The reason that only a portion of the district court’s seemingly final order is appealable becomes clear when considered in the light of the purposes of contempt proceedings as opposed to final judgments.

A final, appealable judgment is one that actually disposes of all claims and parties then before the court. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 192 (Tex.2001). A contempt order, on the other hand, protects the status of the court itself; the power to punish for contempt is an essential element of judicial independence and authority that enables courts to persuade parties to obey an order of the court so that the order will not be rendered ineffectual by recalcitrant litigants. See Ex parte Pryor, 800 S.W.2d 511, 512 (Tex.1990). “[T]he underlying concern that gave rise to the contempt power was not ... merely the disruption of court proceedings. Rather, it was disobedience to the orders of the Judiciary, regardless of whether such disobedience interfered with the conduct of trial.” Chambers v. NASCO, Inc., 501 U.S. 32, 44, 111 S.Ct. 2123, 2132, 115 L.Ed.2d 27 (1991) (quoting Young v. United States ex rel. Vuitton et Fils S.A., 481 U.S. 787, 798, 107 S.Ct. 2124, 2132, 95 L.Ed.2d 740 (1987)).

Consequently, contempt proceedings are not concerned with disposing of all claims and parties before the court, as are judgments; instead, contempt proceedings involve a court’s enforcement of its own orders, regardless of the status of[*916] the claims between the parties before it. 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), see Cadle, 50 S.W.3d at 671; however, because a contempt order is not a final judgment, a remedy by appeal does not lie. See Lehmann, 39 S.W.3d at 195 (stating general rule that, with a few mostly statutory exceptions, an appeal may be taken only from a final judgment). Neither does an appeal lie from a court’s rejection of a request to exercise its inherent power to hold a party in contempt. See Norman, 692 S.W.2d at 655; Cadle, 50 S.W.3d at 671.

Accordingly, although the portion of the district court’s order affirming the associate judge’s arrearage judgment may be appealable, the district court’s ruling that the OAG’s contempt request is jeopardy-barred is not appealable. Therefore, mandamus relief is available in this case. See Prudential, 148 S.W.3d at 135-36.

Turning to the double jeopardy issue, we recognize that the double jeopardy clause of the United States Constitution provides that no person shall be subjected to twice having life or limb in jeopardy for the same offense. U.S. Const, amend. V. Thus, this constitutional provision bars a second prosecution for the same offense after acquittal. Brown v. Ohio, 432 U.S. 161, 165, 97 S.Ct. 2221, 2225, 53 L.Ed.2d 187 (1977); Ex parte Herron, 790 S.W.2d 623, 624 (Tex.Crim. App.1990) (op. on reh’g). But without a final judgment (i.e., a conviction or acquittal), a defendant remains under the initial jeopardy, so a retrial for the same offense is not double jeopardy. See Ex parte Queen, 877 S.W.2d 752, 754 (Tex.Crim. App.1994), cert. denied, 513 U.S. 1115, 115 S.Ct. 910, 130 L.Ed.2d 792 (1995). The OAG argues that the associate judge’s order was not a “jeopardy terminating event” because it never became final. Accordingly, the district court’s review of the associate judge’s order was not a “second prosecution” for double jeopardy purposes.

An order of an associate judge presiding over a Title IV-D case [1] becomes an order of the referring court by operation of law without need for ratification by the referring court. Tex. Fajvt.Code Ann. § 201.1041(a) (Vernon Supp.2006). However, the order automatically becomes final only if an appeal is not filed within three days of the associate judge’s ruling. See id. §§ 201.015(a) (Vernon 2002); 201.1041(a). The ruling of an associate judge serving as a child support master is initially a proposed order, “not a final order upon signing. It cannot become a final order of the court unless neither party appeals the master’s findings.” In re G.S.G., 145 S.W.3d 351, 354 (Tex.App.-Houston [14th Dist.] 2004, no pet.); cf. Phagan v. Aleman, 29 S.W.3d 632, 634-35 (Tex.App.-Houston [1st Dist.] 2000, no pet.) (op. on reh’g) (holding that, in the context of a restricted appeal, once a timely notice of appeal of the child support master’s recommendation is filed with the trial judge, the hearing that resulted in the judgment occurred when the trial court adopted the recommendation of the associate judge).

Here, the OAG did file its notice of appeal within three days of the associate judge’s order. Accordingly, the associate judge’s order was not final. Without a final order, the double jeopardy prohibi[*917] tion did not come into play because McClendon remained under the initial jeopardy. See Queen, 877 S.W.2d at 754. [2] Accordingly, the doctrine of double jeopardy did not bar the district court’s review of the order, and the trial court abused its discretion by concluding otherwise. See Walker, 827 S.W.2d at 840.

We conditionally grant the writ of mandamus and direct the district court to vacate that portion of its July 13, 2006 order dismissing the OAG’s appeal of the associate judge’s order on the grounds of double jeopardy and to proceed with the OAG’s appeal. A writ will issue only if the court fails to do so.

1

. A Title IV-D case is an action in which services are provided by the Title IV-D agency under Part D, Title IV, of the federal Social Security Act, relating to, among other things, the establishment, modification, or enforcement of a child support obligation. Tex. Fam. Code Ann. § 101.034 (Vernon 2002).

2

. In a similar context, the appellate court held that double jeopardy principles were not violated when the State appealed an associate judge’s juvenile delinquency sentencing recommendation to the district court. See In re D.G., No. 05-01-00208-CV, 2002 WL 338875, at *1 (Tex.App.-Dallas March 5, 2002, pet. denied) (mem.op.) (not designated for publication). Because the district court was free to adopt, modify, or reject the associate judge’s recommendation, the associate judge’s recommendation was not a final judgment against the defendant. See id.