Court of Civil Appeals of Texas, 2024

Alton Crain Jr. v. Mike Murach

Alton Crain Jr. v. Mike Murach
Court of Civil Appeals of Texas · Decided October 2, 2024

Alton Crain Jr. v. Mike Murach

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00591-CV Alton CRAIN Jr., Appellant v. Mike MURACH, Appellee From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2024CV03445 Honorable David J. Rodriguez, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Lori I. Valenzuela, Justice Lori Massey Brissette, Justice Delivered and Filed: October 2, 2024 APPEAL DISMISSED FOR LACK OF JURISDICTION Appellant seeks an interlocutory appeal from an order denying his motion for default judgment. The denial of a motion for default judgment is not subject to an interlocutory appeal.

See TEX. CIV. PRAC. & REM. CODE § 51.014(a)(1)–(17); S. Pioneer Prop. & Cas. Ins. Co. v. Wilson, No. 01-17-00444-CV, 2018 WL 3384558, at *3 (Tex. App.—Houston [1st Dist.] July 12, 2018, no pet.) (mem. op.) (“The denial of a motion for default judgment . . . is appealable after a final judgment or order[.]”). Further, the order denying appellant’s motion does not dispose of all claims 04-24-00591-CV

in dispute between the parties, and no severance order appears in the record. An order that does not dispose of all parties and causes of action is not final and appealable. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Northeast Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966).

For the above reasons, it appeared we did not have jurisdiction to entertain this appeal.

Therefore, on September 17, 2024, we ordered appellant to show cause in writing, no later than September 27, 2024, why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines were suspended until further order of this court. On September 18, 2024, appellant responded to our order by providing arguments related to his underlying case; however, appellant did not provide citation to authority purporting to establish: (1) this court’s jurisdiction over an interlocutory appeal from an order denying a motion for default judgment; or (2) that the order denying his motion for default judgment was final and appealable. Accordingly, we dismiss this appeal for lack of jurisdiction.

PER CURIAM

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