Opinion
NO. 09-17-00103-CV
06-22-2017
On Appeal from the 410th District Court Montgomery County, Texas
Trial Cause No. 16-02-02059-CV
MEMORANDUM OPINION
On April 7, 2017, Joseph Allan Edwards filed a notice of appeal from a final order signed by the trial court on March 2, 2017, in a civil forfeiture suit. A motion to set aside the default judgment was filed on March 23, 2017. On May 16, 2017, the trial court granted a motion to set aside the default judgment and set the case for trial. The trial court granted a motion for new trial while the trial court maintained plenary power over the case. See Tex. R. Civ. P. 329b(e). On May 18, 2017, we notified the parties that the appeal would be dismissed for lack of jurisdiction. No replies have been filed.
The notice of appeal invoked the Court's appellate jurisdiction to review a judgment that has been vacated. The Court finds it lacks jurisdiction over the appeal. Accordingly, the appeal is dismissed.
APPEAL DISMISSED.
/s/_________
HOLLIS HORTON
Justice Submitted on June 21, 2017
Opinion Delivered June 22, 2017 Before Kreger, Horton, and Johnson, JJ.