Patrick Minor v. Lee Woo Sung, Jr.
Docket 04-26-00135-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 4th District (San Antonio)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 04-26-00135-CV
Appeal from the denial of a motion for default judgment in a civil case in Bexar County district court
Summary
The Fourth Court of Appeals dismissed Patrick Minor’s appeal for lack of jurisdiction. Minor sought to appeal the trial court’s denial of his motion for default judgment, but the appellate court concluded such a denial is an interlocutory order not immediately appealable. The court also noted the clerk’s record did not include an order denying the motion, and that Minor failed to respond to an order to show cause about jurisdiction. Because the appeal was from a non-appealable interlocutory ruling and procedural requirements were not met, the court dismissed the appeal.
Issues Decided
- Whether the denial of a motion for default judgment is immediately appealable
- Whether the appellate court had jurisdiction given the record and absence of a denial order in the clerk’s record
- Whether appellant’s failure to respond to an order to show cause warranted dismissal
Court's Reasoning
The court explained that denial of a motion for default judgment is an interlocutory ruling and is not listed among orders immediately appealable under Texas law. The clerk’s record did not contain an order denying the motion, and even if it had, the denial would still be nonappealable until a final judgment or appealable order. The appellant also failed to respond to an order to show cause regarding jurisdiction, supporting dismissal.
Authorities Cited
- Texas Civil Practice & Remedies Code § 51.014TEX. CIV. PRAC. & REM. CODE § 51.014(a)(1)–(18)
- Southern Pioneer Property & Casualty Ins. Co. v. WilsonNo. 01-17-00444-CV, 2018 WL 3384558 (Tex. App.—Houston [1st Dist.] July 12, 2018, no pet.)
- Crain v. MurachNo. 04-24-00591-CV, 2024 WL 4363747 (Tex. App.—San Antonio Oct. 2, 2024, no pet.)
Parties
- Appellant
- Patrick Minor
- Appellee
- Lee Woo Sung, Jr.
- Judge
- Honorable Norma Gonzales
- Judge
- Adrian A. Spears II
- Judge
- H. Todd McCray
- Judge
- Velia J. Meza
Key Dates
- Trial court docket number
- 2025-00-00
- Appellate decision filed
- 2026-04-15
What You Should Do Next
- 1
Proceed in trial court
Return to the trial court to continue litigation on the merits because the denial of the default-judgment motion is not immediately appealable.
- 2
Obtain appealable order
If appropriate, seek a final judgment or another appealable order in the trial court; once an appealable order exists, raise the denial of default judgment as an issue on appeal.
- 3
Consider responding to show-cause orders
In future appellate proceedings, promptly respond to any appellate court orders to show cause to avoid dismissal on procedural grounds.
Frequently Asked Questions
- What does this decision mean?
- The appeals court concluded it cannot hear an appeal of the trial court’s denial of a motion for default judgment at this stage, so the appeal was dismissed.
- Who is affected by this decision?
- The appellant, Patrick Minor, is directly affected because his attempt to immediately appeal the denial of default judgment failed; the trial court’s case will proceed there unless and until an appealable order is entered.
- What happens next in the case?
- The case remains in the trial court. A final judgment or other appealable order would be required before an immediate appeal is allowed from the denial of a default-judgment motion.
- Can this dismissal be appealed?
- Generally, dismissal for lack of jurisdiction is not subject to further immediate appellate review; the appellant could raise the issue later if and when an appealable order is entered or seek other appropriate relief in the trial court.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00135-CV
Patrick MINOR,
Appellant
v.
Lee Woo SUNG, Jr.,
Appellee
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2025-CI-21164
Honorable Norma Gonzales, Judge Presiding
PER CURIAM
Sitting: Adrian A. Spears II, Justice
H. Todd McCray, Justice
Velia J. Meza, Justice
Delivered and Filed: April 15, 2026
DISMISSED FOR LACK OF JURISDICTION
Appellant attempts to appeal the denial of his motion for default judgment. The clerk’s
record indicates the trial court denied the motion, but the clerk’s record does not contain an order
denying the motion. However, even if the clerk’s record contained an order denying the motion,
the denial of a motion for default judgment is an interlocutory order not subject to an immediate
appeal. See TEX. CIV. PRAC. & REM. CODE § 51.014(a)(1)–(18); S. Pioneer Prop. & Cas. Ins. Co.
v. Wilson, No. 01-17-00444-CV, 2018 WL 3384558, at *3 (Tex. App.—Houston [1st Dist.] July
04-26-00135-CV
12, 2018, no pet.) (“The denial of a motion for default judgment . . . is appealable after a final
judgment or order.”).
We ordered appellant to show cause why this appeal should not be dismissed for lack of
jurisdiction. Appellant did not file a response. Accordingly, this appeal is dismissed for lack of
jurisdiction. See Crain v. Murach, No. 04-24-00591-CV, 2024 WL 4363747, at *1 (Tex. App.—
San Antonio Oct. 2, 2024, no pet.) (dismissing for lack of jurisdiction interlocutory appeal from
order denying motion for default judgment).
PER CURIAM
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