In re P.Y.

Full title: IN THE INTEREST OF P.Y., et al

Court: Court of Appeals of Texas, Fourth District, San Antonio

Date published: Feb 16, 2005

No. 04-04-00837-CV (Tex. App. Feb. 16, 2005)

Opinion

No. 04-04-00837-CV

Delivered and Filed: February 16, 2005.

Appeal from the 408th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-PA-00450, Honorable Janet P. Littlejohn, Judge Presiding.

Dismissed As Moot.

Sitting: Alma L. LÓPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.

MEMORANDUM OPINION

PER CURIAM.

This is an accelerated appeal from the trial court's Order of Termination, which the trial court signed on November 1, 2004. See Tex. Fam. Code Ann. § 263.405 (Vernon 2002). In its Order on Motion for New Trial and Statement of Appellate Points, the trial court granted appellant's motion for new trial, sustained the affidavit of indigence, and did not rule on the appellate points. Accordingly, on January 6, 2005, this court ordered appellant to show cause in writing no later than January 17, 2005 why this appeal should not be dismissed as moot. Appellant did not respond.

Because the trial court has granted appellant's motion for new trial, the appeal is dismissed as moot. See Tex. R. app. P. 21.9 (granting new trial restores case to its position before former trial).