In Re Jason Cernik v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledJuly 16, 2026
Docket01-25-00103-CV
StatusPublished
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Full Opinion
Opinion issued July 16, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-00103-CV
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IN RE JASON CERNIK, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Jason Cernik filed a notice of appeal challenging the trial court’s October 4,
2024 “Order on Third Amended Motion for Enforcement” holding Cernick in
contempt for violating the possession and access provisions of the parties’ Final
Decree of Divorce.1 Contempt orders, however, are not appealable. See In re Janson,
1
The underlying case is In the Interest of D.G.C. and L.G.C., Minor Children, cause
number 2019-20431, pending in the 312th District Court of Harris County, Texas,
the Honorable Teresa Waldrop presiding.
614 S.W.3d 724, 727 (Tex. 2020) (“Because contempt orders are not appealable,
they are reviewable only by writ of mandamus or habeas corpus.”). At the parties’
request, the Court construed the attempted appeal as a petition for writ of mandamus.
See Bizkeeping Corp. v. Benton, 714 S.W.3d 857, 862 (Tex. App.—Houston [1st
Dist.] 2025, no pet.) (“When appellants timely ask us to construe their appeal as a
mandamus petition if appellate jurisdiction is lacking, we do so rather than
dismissing the appeal.”). The style of the case was amended to reflect the same and
the parties briefed the case as an original proceeding on petition for writ of
mandamus.
We deny the petition.
PER CURIAM
Panel consists of Justices Rivas-Molloy, Gunn, and Guiney.
2