Opinion
04-24-00591-CV
09-17-2024
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
ORDER
Lori I. Valenzuela, Justice
Appellant seeks an interlocutory appeal of 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, this order does not dispose of all claims 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. Northeast Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966).
It is therefore ORDERED that appellant show cause in writing no later than September 27, 2024 why this appeal should not be dismissed for lack of jurisdiction. The briefing schedule is suspended pending our determination of whether we have jurisdiction over this appeal.