Opinion
No. 05-03-01836-CV.
Opinion Filed March 23, 2004.
On Appeal from the 254th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 03-20572-R.
Dismissed.
Before Justices MOSELEY, O'NEILL, and RICHTER.
MEMORANDUM OPINION
Appellant appears to be appealing a ruling of an associate judge. The record has not been filed. However, the "Order for Parentage Testing and New Trial" was filed with this Court on February 25, 2004. Such order indicates that appellant's motion for new trial was granted. If a motion for new trial has been granted, then there is no final judgment, and the Court is without jurisdiction to hear this appeal. See Tex. Civ. Prac. Rem. Code Ann. § 51.014 (Vernon Supp. 2002); Jack B. Anglin co. Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). "An order granting a new trial is an unappealable, interlocutory order." Fruehauf Corp. v. Carrillo, 848 S.W.2d 83 (Tex. 1993).
In a letter dated February 27, 2004, appellant was instructed to file a jurisdictional brief explaining the Court's authority to consider this appeal. Appellant was informed that failure to respond, within ten days, would result in the dismissal of this appeal for want of jurisdiction without further notice.
Appellant has failed to respond. Accordingly, on the Court's own motion, this appeal is DISMISSED for want of jurisdiction. See Tex. R. App. P. 42.3(a).