Mitchell v. Wells

Full title: ROY MITCHELL, Appellant v. WELLS FARGO BANK, Appellee

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Dec 9, 2009

No. 10-09-00339-CV (Tex. App. Dec. 9, 2009)

Opinion

No. 10-09-00339-CV

Opinion delivered and filed December 9, 2009.

Appealed from the 40th District Court Ellis County, Texas, Trial Court No. 74,768.

Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.

MEMORANDUM OPINION

FELIPE REYNA, Justice.

Roy Mitchell brings this appeal from the denial of his motion for default judgment. The Clerk of this Court notified the parties that the appeal was subject to dismissal for want of jurisdiction because the denial of a motion for default judgment may be challenged only in an appeal from a final judgment or other appealable order. See Aguilar v. Livingston, 154 S.W.3d 832, 833 (Tex. App.-[14th Dist.] 2005, no pet.). The Clerk advised the parties that the appeal may be dismissed unless Mitchell or some other party filed a response showing grounds for continuing the appeal. See Tex. R. App. P. 42.3(a). The Court has received no response. Accordingly, the appeal is dismissed.