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Gary v. Roman

Fourth Court of Appeals San Antonio, Texas
Feb 17, 2016
No. 04-16-00026-CV (Tex. App. Feb. 17, 2016)

Opinion

No. 04-16-00026-CV

02-17-2016

Steven M. GARY, Appellant v. Mary ROMAN, Et al., Appellees


From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-CI-01986
Honorable Martha Tanner, Judge Presiding

ORDER

Steven M. Gary has filed a pro se notice of appeal, stating he desires to appeal the trial court's order denying Gary's motion for default judgment. Our review of the trial court's docket sheet reflects that on January 6, 2016, the trial court signed an order denying Gary's motion for default judgment and motion for judgment. All of Gary's claims remain pending in the trial court.

Generally, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 196 (Tex. 2001). A judgment is final for purpose of appeal if it disposes of all pending parties and claims. Id. This court does not have jurisdiction to consider an appeal from an interlocutory order unless such appeal is explicitly authorized by statute. Stary v. DeBord, 967 S.W.2d 352, 352 (Tex. 1998) (per curiam); Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). No statute authorizes an appeal from an order denying a default judgment.

Accordingly, we order appellant may file a written response by March 8, 2016 showing cause why this appeal should not be dismissed for want of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. All deadlines in this appeal are suspended until further order of the court.

/s/_________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of February, 2016.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Gary v. Roman

Fourth Court of Appeals San Antonio, Texas
Feb 17, 2016
No. 04-16-00026-CV (Tex. App. Feb. 17, 2016)
Case details for

Gary v. Roman

Case Details

Full title:Steven M. GARY, Appellant v. Mary ROMAN, Et al., Appellees

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Feb 17, 2016

Citations

No. 04-16-00026-CV (Tex. App. Feb. 17, 2016)