Craig Davis v. First National Bank of Sonora

• Court: Court of Appeals of Texas
• Decided: November 29, 2023
• Docket: 04-23-00661-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00661-CV

Craig DAVIS, Appellant

v.

FIRST NATIONAL BANK OF SONORA, Appellee

From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 21-632 Honorable Kirsten Cohoon, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: November 29, 2023

DISMISSED FOR LACK OF JURISDICTION

On June 30, 2023, appellant filed a notice of appeal stating his intent to appeal a June 1,

2023 order granting appellee’s motion for summary judgment against appellant. The clerk’s record

reveals the June 1, 2023 order is interlocutory as claims remain pending in the trial court. The

order also does not contain definite language of finality. “[A]n appeal may be prosecuted only

from a final judgment.” N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966); see

also 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 04-23-00661-CV

rendered a final judgment, and no statute authorizes an interlocutory appeal from the . . . denial of

a motion for default judgment.”).

Because no final order or judgment has been entered in the underlying case, on November

6, 2023, we ordered appellant to show cause in writing why this appeal should not be dismissed

for lack of jurisdiction. On November 15, 2023, appellant filed a written response that failed to

establish the existence of our jurisdiction over this appeal. Therefore, we dismiss this appeal for

lack of jurisdiction.

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