Ivy Fund Manager, LLC, d/b/a OC Ventures; Ivy Midtown GP, LLC; and NDG Student Living, LLC, d/b/a Varsity Campus v…

Summary

The court dismissed Ivy's appeal because the trial court's default judgment reserved damages for later determination and was therefore interlocutory and nonfinal. The trial court's statement that Ivy's motion to compel arbitration was moot did not convert the judgment into an immediately appealable order denying arbitration because the default judgment rested on litigation misconduct independent of the contractual arbitration dispute. Ivy may pursue arbitration if the default judgment is later set aside, but only after a final judgment exists.