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Autonation Dir. Com v. Moorehead

Court of Appeals of Texas, Fourteenth District, Houston
Nov 2, 2006
No. 14-06-00711-CV (Tex. App. Nov. 2, 2006)

Opinion

No. 14-06-00711-CV

Opinion filed November 2, 2006.

On Appeal from County Court at Law No. 1, Harris County, Texas, Trial Court Cause No. 828414.

Dismissed.

Panel consists of Justices FOWLER, EDELMAN, and FROST.


MEMORANDUM OPINION


This is an attempted appeal from a judgment signed July 27, 2006. The record reflects judgment was entered May 3, 2006. On July 17, 2006, the trial court granted appellee's motion for new trial. On July 27, 2006, the trial court entered a judgment that vacated the order of July 17, 2006, and the judgment entered May 3, 2006, and entered a judgment notwithstanding the verdict. On August 25, 2006, the trial court entered an amended judgment which further denied appellee's request for attorney fees.

A trial court retains plenary power to vacate or "ungrant" an order granting a new trial for seventy-five days after the original judgment is signed. See Porter v. Vick, 888 S.W.2d 789, 790 (Tex. 1994). The July 27, 2006, order was signed eighty-five days after the original judgment was signed. Accordingly, the July 27, 2006, and August 25, 2006, orders are void. Id. The trial court's final order entered while it retained plenary power was that of July 17, 2006, granting the motion for new trial.

Accordingly, the record before this court contains no appealable order. On September 28, 2006, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). Appellant filed no response.

Accordingly, the appeal is ordered dismissed.


Summaries of

Autonation Dir. Com v. Moorehead

Court of Appeals of Texas, Fourteenth District, Houston
Nov 2, 2006
No. 14-06-00711-CV (Tex. App. Nov. 2, 2006)
Case details for

Autonation Dir. Com v. Moorehead

Case Details

Full title:AUTONATION DIRECT.COM INC. D/B/A AUTO ADVERTISING SERVICES, Appellant, v…

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Nov 2, 2006

Citations

No. 14-06-00711-CV (Tex. App. Nov. 2, 2006)