Hai Thanh Nguyen v. Greg Lewis McGill

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-25-00149-CV ___________________________ HAI THANH NGUYEN, Appellant V. GREG LEWIS MCGILL, Appellee

On Appeal from County Court at Law No. 1 Tarrant County, Texas Trial Court No. 2025-002132-1

Before Kerr, Birdwell, and Bassel, JJ.

Memorandum Opinion by Justice Kerr MEMORANDUM OPINION Hai Thanh Nguyen seeks to appeal the trial court’s March 28, 2025 interlocutory order setting aside its interlocutory March 27, 2025 default judgment.1 We notified Nguyen of our concern that we lacked jurisdiction over this appeal because the March 28, 2025 order does not appear to be a final judgment or an appealable interlocutory order. See Smith v. Tex. Dep’t of Crim. Justice - Bd. of Pardons & Paroles, No. 03-23-00818-CV, 2024 WL 781100, at *1 (Tex. App.—Austin Feb. 27, 2024, no pet.) (mem. op.) (“[A]n order setting aside a default judgment is a non[]appealable interlocutory order.”). We warned that unless any party to the appeal filed a response within ten days showing grounds for continuing the appeal, we could dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3. Ten days have passed, and we have received no response.

Our appellate jurisdiction is limited to appeals from final judgments and from interlocutory orders made immediately appealable by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Because the March 28, 2025 order is neither, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); Smith, 2024 WL 781100, at *1.

The default judgment states, “This is not a final order.”

/s/ Elizabeth Kerr Elizabeth Kerr Justice Delivered: May 15, 2025