Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00661-CV Craig DAVIS, Appellant v. FIRST NATIONAL BANK OF SONORA, Appellee From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 21-632 Honorable Kirsten Cohoon, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Lori I. Valenzuela, Justice Delivered and Filed: November 29, 2023 DISMISSED FOR LACK OF JURISDICTION On June 30, 2023, appellant filed a notice of appeal stating his intent to appeal a June 1, 2023 order granting appellee’s motion for summary judgment against appellant. The clerk’s record reveals the June 1, 2023 order is interlocutory as claims remain pending in the trial court. The order also does not contain definite language of finality. “[A]n appeal may be prosecuted only from a final judgment.” N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966); see also Shockome v. Brendel, No. 03-19-00813-CV, 2020 WL 579570, at *1 (Tex. App.—Austin Feb. 6, 2020, no pet.) (“Based on the record before us, it appears that the trial court has not yet 04-23-00661-CV

rendered a final judgment, and no statute authorizes an interlocutory appeal from the . . . denial of a motion for default judgment.”).

Because no final order or judgment has been entered in the underlying case, on November 6, 2023, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. On November 15, 2023, appellant filed a written response that failed to establish the existence of our jurisdiction over this appeal. Therefore, we dismiss this appeal for lack of jurisdiction.

PER CURIAM

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