Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Opinion on Rehearing

Before Justices Richter, Lang-Miers, and Myers

The Court has before it appellant’s motion for rehearing, filed on September 10, 2010. On the Court’s own motion, we withdraw our opinion of August 25, 2010 on our own motion and vacate our judgment of that date. The following is now the opinion of the court. The December 2009 default judgment against appellant that is the basis for the above appeal did not dispose of all claims pending in the underlying cause, and was therefore interlocutory. See Tex. R. Civ. P. 240; Castano v. Foremost County Mut. Ins. Co., 31 S.W.3d 387, 388 (Tex. App.–San Antonio 2000, no pet.). The trial court ultimately severed the no-answer default into a separate cause, 05-10-01131-CV, thus rendering the judgment final and appealable. See Castano, 31 S.W.3d at 388. On November 10, 2010, this Court issued a per curiam opinion in 05-10-01131- CV granting Texas Legacy Bank’s September 24, 2010 amended motion to vacate judgment and remand. We vacated the trial court’s judgment in that case without reference to the merits, and remanded the case to the trial court. See Simone Hotaling Hoag v. Texas Legacy Bank, No. 05-10- 01131-CV, 2010 WL 4485983, at *1 (Tex. App.–Dallas Nov. 10, 2010, no pet. h.) (mem. op.). Because we lack jurisdiction over the interlocutory order that is the subject of this appeal, we DISMISS this appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a).

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.

Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.

Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More


Farber, Brocks & Zane, LLP is seeking to add legal talent to its active and growing insurance coverage practice group. For our Garden Ci...

Apply Now ›

Litigation Associate - New York

4-6 Years Minimum Experience with General Liability defense, Property Damage, Labor Law defense. Must be admitted in NY and NJ. Trial experi...

Apply Now ›

Insurance Defense Associate Workers Compensation New York

Downtown AV-rated insurance defense law firm seeks an associate with 2 to 8 years of Workers Compensation insurance defense experience. Req...

Apply Now ›



SCHIRMER LAW LLC Celebrating 7 years of Excellent Service

View Announcement ›



Pond Lehocky Giordano LLP would like to announce that....

View Announcement ›



HARTMANN DOHERTY ROSA BERMAN & BULBULIA LLC's Matrimonial & Family Practice Warmly Welcomes the Honorable Peter J. Melchionne (Ret.) to Lead its New Family Law Dispute Resolution Team.

View Announcement ›