Patrick Minor v. Kentucky Fried Chicken

Summary

The Fourth Court of Appeals of Texas dismissed Patrick Minor’s appeal for lack of jurisdiction. The court held that the denial of a motion for default judgment is ordinarily an interlocutory order that may be appealed only after final judgment, and Minor did not respond to the court’s order to show cause.

Holdings

1. An order denying a default judgment is ordinarily an interlocutory order and is not subject to appeal before entry of a final judgment in the underlying proceeding.

Questions Presented

1. Whether the denial of a motion for default judgment is immediately appealable before entry of a final judgment in the underlying proceeding.
2. Whether the court of appeals had jurisdiction over the appeal.

Disposition

dismissed