Opinion
No. 03-10-00208-CV
Filed: August 20, 2010.
Appealed from County Court At Law No. 1 of Williamson County, No. 09-3302-FC1, Honorable George E. Holmes, Judge Presiding.
Dismissed for Want of Jurisdiction.
Before Justices PATTERSON, WALDROP and HENSON.
MEMORANDUM OPINION
Appellee The Office of the Texas Attorney General filed a motion to dismiss this appeal. The trial court signed the judgment in this case on March 5, 2010. Appellant John Mark Quaak filed a motion for new trial on April 5, 2010. The trial court granted the motion for new trial on April 16, 2010. See Tex. R. Civ. P. 392b. Because there is no longer a final judgment in this case, this Court lacks jurisdiction over this appeal. We grant appellee's motion and dismiss this appeal. Tex. R. App. P. 43.2(f).
The document was filed in the clerk's office on April 9, 2010. Quaak, however, certified that he mailed the motion through the United States Postal System by first-class mail by placing it into the inmate mail system on April 5, 2010. This empowered the trial court to deem the motion timely filed. See Tex. R. Civ. P. 5.