Huong Gilmer Giaccio v. Moore Farm Owners Association, Inc.
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledJuly 23, 2026
Docket02-26-00272-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00272-CV
___________________________
HUONG GILMER GIACCIO, Appellant
V.
MOORE FARM OWNERS ASSOCIATION, INC., Appellee
On Appeal from the 431st District Court
Denton County, Texas
Trial Court No. 21-4434-431
Before Bassel, Womack, and Wallach, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Huong Gilmer Giaccio, proceeding pro se, attempts to appeal from
an April 23, 2026 “Order Denying Huong Gilmer Giaccio’s Motion to Quash Writ of
Execution and Vacate Abstract, and Motion for Restitution/Declare Judgment
Satisfied.” After receiving and reviewing the record, we sent Appellant a letter stating
that we were concerned that the order did not appear to be a final judgment or an
appealable interlocutory order. We stated that unless Appellant or any party desiring
to continue the appeal filed with this court, on or before July 3, 2026, a response
showing grounds for continuing the appeal, this appeal could be dismissed for want
of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3.
Appellant filed a response claiming that the order is appealable because it
finally decided her postjudgment enforcement challenge. She alternatively requests
that we not dismiss this appeal immediately but instead give her “a reasonable
opportunity to pursue the proper remedy, including mandamus relief if necessary.”
[Bolded emphasis omitted.]
Most postjudgment orders issued to effect or enforce a judgment are not
appealable because they are neither a final judgment nor an appealable interlocutory
order. See NextMetals Ltd. v. Sparkie Props., LLC, No. 11-24-00233-CV, 2024 WL
4457037, at *1 (Tex. App.—Eastland Oct. 10, 2024, no pet.); Sunnyland Dev., Inc. v.
Shawn Ibrahim, Inc., 597 S.W.3d 1, 2–3 (Tex. App.—Houston [1st Dist.] 2020, no pet.);
Transam. Life Ins. Co. v. Rapid Settlements, Ltd., No. 01-11-00240-CV, 2011 WL 5428974,
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at *2 (Tex. App.—Houston [1st Dist.] Nov. 10, 2011, no pet.). We reach that same
conclusion here. See Grisaffi v. Rocky Mountain High Brands, Inc., No. 05-20-00538-CV,
2022 WL 10311712, at *9 (Tex. App.—Dallas Oct. 18, 2022, pet. denied) (holding
that order denying request for declaration that judgment had been satisfied is not
appealable); Barber Fam. Corp. v. Roberson, No. 06-22-00060-CV, 2022 WL 5264658, at
*1 (Tex. App.—Texarkana Oct. 7, 2022, no pet.) (holding that postjudgment order
denying motion to quash writ of execution is not appealable).
Regarding Appellant’s alternative request that we construe the notice of appeal
as a petition for writ of mandamus, we decline to do so because the jurisdictional
response and other filings in this appeal do not meet the requirements of Texas Rule
of Appellate Procedure 52. See Tex. R. App. P. 52.3, 52.7(a); Belmont v. Belmont,
No. 02-25-00388-CV, 2025 WL 2492351, at *1 (Tex. App.—Fort Worth Aug. 29,
2025, no pet.).
Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App.
P. 42.3(a), 43.2(f); Belmont, 2025 WL 2492351, at *1; Barber Fam. Corp., 2022 WL
5264658, at *1.
Per Curiam
Delivered: July 23, 2026
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