Progressive Advantage Agency, Inc. v. Clayton Woody and Julie Woody

• Court: Court of Appeals of Texas
• Decided: October 17, 2024
• Docket: 10-24-00304-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-24-00304-CV

PROGRESSIVE ADVANTAGE AGENCY, INC., Appellant v.

CLAYTON WOODY AND JULIE WOODY, Appellees

From the 249th District Court Johnson County, Texas Trial Court No. DC-C202400184

MEMORANDUM OPINION

Progressive Advantage Agency, Inc. attempts to appeal from a default judgment

rendered against it. By letter dated September 24, 2024, the Clerk of this Court informed

Progressive that the appeal was subject to dismissal because no final, appealable

judgment or order had been signed by the trial court. See TEX. R. APP. P. 42.3; 44.3. See

also Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). (“A judgment is final for

purposes of appeal if it disposes of all pending parties and claims in the record…”).

Specifically, the Clerk informed Progressive that it appeared the trial court’s “Default Judgment” did not dispose of the claims against ASI Lloyds. In the same letter, the Clerk

warned Progressive that the appeal would be dismissed unless Progressive responded

showing grounds for continuing the appeal.

Progressive responded but did not show grounds for continuing the appeal.

Rather, Progressive specifically stated in its response that “the Default Judgment was not

a final order because it did not dispose of all claims against all parties.” (Emphasis in

original).

Accordingly, this appeal is dismissed for want of jurisdiction. TEX. R. APP. P.

42.3(a).

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed October 17, 2024 [CV06]

Progressive Advantage Agency, Inc. v. Woody Page 2