Willie Mazon and Deborah Mazon v. Homeq Servicing Corporation ( 2010 )

MEMORANDUM OPINION
No. 04-10-00792-CV
Willie MAZON and Deborah Mazon,
Appellants
v.
HOMEQ SERVICING CORPORATION,
Appellee
From the County Court at Law No. 2, Bexar County, Texas
Trial Court No. 358,991
Honorable Irene Rios, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: December 1, 2010
DISMISSED FOR LACK OF JURISDICTION
Appellants’ notice of appeal states their intention to appeal the trial court’s order signed
on October 15, 2010, denying appellants’ motion for default judgment. Because the trial court’s
order did not dispose of all pending claims and, therefore, was not final and appealable, this
court ordered appellants to show cause why this appeal should not be dismissed for lack of
jurisdiction. Appellants’ response asserts that the trial court initially entered a final default
judgment on August 9, 2010; therefore, the trial court’s October 15, 2010 order was signed
04-10-00792-CV
outside its plenary power and was void. The trial court’s August 9, 2010 order; however, did not
address the damages issue in the underlying cause. Because the order did not dispose of the
damages issue, it was not a final order. See In re Burlington Coat Factory Warehouse of
McAllen, Inc., 167 S.W.3d 827, 830-31 (Tex. 2005); Houston Health Clubs, Inc. v. First Court of
Appeals, 722 S.W.2d 692, 693 (Tex. 1986); see also TEX. R. CIV. P. 241, 243 (providing for final
default judgment to be rendered after damages are assessed). Because the trial court in the
underlying cause has not signed a final, appealable order, this appeal is dismissed for lack of
jurisdiction.
PER CURIAM
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