Opinion
04-22-00503-CV
09-28-2022
Patrick MINOR, Appellant v. DIVERSE FACILITY SOLUTIONS, Appellee
From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2019CI00808 Honorable David A. Canales, Judge Presiding
ORDER
Lori I. Valenzuela, Justice
On September 8, 2022, appellant filed a notice of appeal stating his intent to appeal the trial court's "denial of default judgment." The clerk's record was filed on September 23, 2022. Although the clerk's record contains the judge's notes, the clerk's record does not contain an order denying appellant's motion for default judgment. See In re L.H., No. 04-13-00174-CV, 2013 WL 3804585, at *1 (Tex. App.-San Antonio July 17, 2013, no pet.) (noting judge's notes do not constitute a final order) (mem. op.). The judge's notes state, "Default Judgment - denied" and set trial for January 9, 2023. See N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966) (As a general rule, "an appeal may be prosecuted only from a final judgment.").
Therefore, even if the judge's notes were rendered in a written order, that order would not be a final order subject to appeal. See 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 rendered a final judgment, and no statute authorizes an interlocutory appeal from the . . . denial of a motion for default judgment."); Aguilar v. Livingston, 154 S.W.3d 832, 833 (Tex. App.-Houston [14th Dist.] 2005, no pet.) ("Ordinarily, the denial of a default judgment is an interlocutory order not subject to appeal.... However, appellate courts have considered the denial of a default judgment when, as here, the denial is challenged in an appeal from a final judgment or order.").
Because no final order has been entered in the underlying case, appellant is ORDERED to show cause in writing no later than October 18, 2022 why this appeal should not be dismissed for lack of jurisdiction. If appellant does not respond by October 18, 2022, this appeal is subject to dismissal. All other appellate deadlines are SUSPENDED pending further order of this court.