Summary Calendar) BRIDGET PARSON v. Wilmer Hutchins Independent School District

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
November 19, 2004
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
_________________
No. 04-10491
(Summary Calendar)
_________________
BRIDGET PARSON,
Plaintiff-Appellant,
v.
WILMER HUTCHINS INDEPENDENT SCHOOL DISTRICT
Defendants-Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:03-CV-492-K
Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Bridget Parson appeals the district court’s order setting aside default judgment against Wilmer
Hutchins Independent School District. A motion to set aside a default judgment is interlocutory and
nonappealable. Parks v. Collins, 761 F.2d 1101, 1104 (5th Cir. 1985) (“When an order. . .‘merely
vacates the judgment and leaves the case pending for further determination, the order is akin to an

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order granting, a new trial and is interlocutory and nonappealable”) (quoting 7 J. Moore, MOORE'S
FEDERAL PRACTICE ¶ 60.30[3] (2d ed. 1983)). Moreover, the district court has not certified this case
for interlocutory appeal. See 28 U.S.C. § 1292(b). Accordingly, we DISMISS Parson’s appeal. All
outstanding motions are DENIED AS MOOT.

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