Eagle Properties Ltd., General Partner, M. W. (Buddy) Branum v. Texas Commerce Bank National Association, A National Banking Association--Appeal from 142nd District Court of Midland County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

EAGLE PROPERTIES LTD., GENERAL PARTNER, M.W. (BUDDY) BRANUM,

Appellant,

v.

TEXAS COMMERCE BANK NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION,

Appellee.

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No. 08-02-00398-CV

Appeal from the

142nd District Court

of Midland County, Texas

(TC# CV-43,799)

O P I N I O N

Appellee has filed this Motion to Dismiss for Lack of Jurisdiction in response to an attempted appeal from an interlocutory order signed September 10, 2002. That order denied appellant=s Motion for Default Judgment. Appellate courts have jurisdiction to consider appeals from final judgments, Hinde v. Hinde, 701 S.W.2d 637, 639 (Tex. 1985), and from interlocutory orders only if appellate jurisdiction is explicitly provided by statute. Tex. Civ. Prac. & Rem. Code Ann. ' 51.014 (Vernon Supp. 2002); Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998). There is no final judgment in this case. The denial of a motion for default judgment is an interlocutory order, and is not among the appealable interlocutory orders enumerated by statute. Tex. Civ. Prac. & Rem. Code Ann. ' 51.014 (Vernon Supp. 2002). Further, there is no evidence that the matter is accompanied by any written order from the district court allowing this Court jurisdiction under section 51.014(d). Tex. Civ. Prac. & Rem. Code Ann. ' 51.014(d) (Vernon Supp. 2002). Accordingly, the Court of Appeals has no jurisdiction over this cause and must grant the appellee=s motion. The motion is granted and the appeal is dismissed.

SUSAN LARSEN, Justice

October 24, 2002

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)