In re Elizabeth Hubbell Appeal from 433rd District Court of Comal County (memorandum opinion)

 Annotate this Case
Download PDF
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-16-00739-CV In re Elizabeth Hubbell ORIGINAL PROCEEDING FROM COMAL COUNTY MEMORANDUM OPINION Relator Elizabeth Hubbell filed a petition for writ of mandamus asking this Court to direct the trial court to vacate its August 16, 2016 default judgment because it is not final. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.1. Having reviewed the petition and the record, we will deny the petition. We agree that the trial court’s default judgment is an interlocutory order, not a final and appealable order. See In re Burlington Coat Factory Warehouse of McAllen, Inc., 167 S.W.3d 827, 829-30 (Tex. 2005); see also Hubbell v. Mystic Shores Prop. Owners Ass’n, No. 03-16-00736-CV, slip op. (Tex. App.—Austin Aug. 25, 2017, no pet. h.) (mem. op.). However, Hubbell has not demonstrated that she has no adequate remedy by appeal merely because the default judgment is not final. See Houston Health Clubs, Inc. v. First Court of Appeals, 722 S.W.2d 692, 693-94 (Tex. 1986) (holding that trial court retained jurisdiction to set aside interlocutory default judgment and grant new trial); Craddock v. Sunshine Bus Lines, Inc., 133 S.W.2d 124, 126 (Tex. 1939) (establishing factors to be considered on appeal when determining whether default judgment should be set aside); see also In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (holding that relator must show both trial court’s abuse of discretion and that relator has no adequate remedy by appeal to be entitled to mandamus relief). Therefore, we deny Hubbell’s petition for writ of mandamus. See Tex. R. App. P. 52.8(a). __________________________________________ Cindy Olson Bourland, Justice Before Chief Justice Rose, Justices Field and Bourland Filed: August 25, 2017 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.