Patrick Minor v. Diverse Facility Solutions ( 2022 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00503-CV
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
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Patricia O. Alvarez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: December 21, 2022
DISMISSED FOR LACK OF JURISDICTION
On September 8, 2022, appellant filed a notice of appeal stating his intent to appeal the
trial court’s “denial of default judgment.” Because no final order had been entered in the
underlying case, on September 28, 2022, we ordered appellant to show cause in writing no later
than October 18, 2022 why this appeal should not be dismissed for lack of jurisdiction. 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
04-22-00503-CV
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.”).
On October 17, 2022, appellant filed a “Motion for Extension of Time to Prepair [sic] a
Brief.” Construing the motion as a request for extension of time to file a response to our show
cause order, we granted the requested extension and ordered appellant to show cause in writing no
later than November 2, 2022 why this appeal should not be dismissed for lack of jurisdiction. Our
order cautioned appellant that a failure to respond subjected this appeal to dismissal. Appellant did
not file a response to our show cause order. Accordingly, we dismiss this appeal for want of
jurisdiction.
PER CURIAM
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