Opinion
NO. 02-16-00174-CV
07-07-2016
SOHA ENTERPRISES, INC. APPELLANT v. AMERICAN EXPRESS BANK, FSB APPELLEE
FROM COUNTY COURT AT LAW NO. 3 OF TARRANT COUNTY
TRIAL COURT NO. 2015-003374-3 MEMORANDUM OPINION
Appellant SOHA Enterprises, Inc. attempts to appeal from the trial court's interlocutory default judgment entered against it. We dismiss the appeal.
Appellee American Express Bank, FSB filed suit against SOHA and Nafees Ahmed. On February 26, 2016, the trial court signed an "Interlocutory Default Judgment" granting judgment in American Express's favor. The trial court did not dispose of American Express's claims against Ahmed. On June 7, 2016, we notified the parties that we did not believe we had jurisdiction over SOHA's appeal because the judgment "does not appear to be a final judgment or an appealable interlocutory order." See Tex. R. App. P. 42.3(a), 44.3. SOHA did not respond, but American Express filed a motion to dismiss SOHA's appeal.
We have jurisdiction to consider appeals from final judgments or from interlocutory orders where a statute explicitly provides appellate jurisdiction. See Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex. 2007); Cherokee Water Co. v. Ross, 698 S.W.2d 363, 365 (Tex. 1985) (orig. proceeding). The interlocutory default judgment SOHA appeals from is neither. See, e.g., Aero AT Sp. z o.o. v. Gartman, No. 02-14-00329-CV, 2015 WL 1020652, at *1 (Tex. App.—Fort Worth Mar. 5, 2015, no pet.) (mem. op.); First Nat'l Bank in McAllen v. Martinez de Villagomez, 54 S.W.3d 345, 348 (Tex. App.—Corpus Christi 2001, pet. denied). Accordingly, we grant American Express's motion and dismiss the appeal. See Tex. R. App. P. 42.3, 43.2(f).
/s/ Lee Gabriel
LEE GABRIEL
JUSTICE PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ. DELIVERED: July 7, 2016
See Tex. R. App. P. 47.4.