IN THE
TENTH COURT OF APPEALS
No. 10-09-00339-CV
ROY MITCHELL,
Appellant
v.
WELLS FARGO BANK,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 74,768
MEMORANDUM OPINION
Roy Mitchell brings this appeal from the denial of his motion for default
judgment. The Clerk of this Court notified the parties that the appeal was subject to
dismissal for want of jurisdiction because the denial of a motion for default judgment
may be challenged only in an appeal from a final judgment or other appealable order.
See Aguilar v. Livingston, 154 S.W.3d 832, 833 (Tex. App.—Houston [14th Dist.] 2005, no
pet.). The Clerk advised the parties that the appeal may be dismissed unless Mitchell or
some other party filed a response showing grounds for continuing the appeal. See Tex.
R. App. P. 42.3(a). The Court has received no response. Accordingly, the appeal is
dismissed.
FELIPE REYNA
Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
(Chief Justice Gray concurs in the judgment to the extent it dismisses the appeal
for want of jurisdiction)
Appeal dismissed
Opinion delivered and filed December 9, 2009
[CV06]
Mitchell v. Wells Fargo Bank Page 2