Opinion
NO. 01-17-00151-CV
04-11-2017
JILL ARABELLA MATTE SON BARBER, Appellant v. DAVID CARSWELL, JR., Appellee
On Appeal from the 246th District Court Harris County, Texas
Trial Court Case No. 2012-04510
MEMORANDUM OPINION
Appellant, Jill Arabella Matteson Barber, representing that the trial court has signed an order granting a new trial, has filed a motion to dismiss the appeal as moot. We grant the motion and dismiss the appeal.
Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When the trial court grants a motion for new trial, the case is reinstated on the trial court's docket and will proceed to trial as though no trial had been previously conducted. Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005). The granting of a new trial renders the appeal moot, and this Court lacks jurisdiction over the appeal. See JJW, L.L.C. v. Aguirre, No. 08-16-00051-CV, 2016 WL 3632809, at *1 (Tex. App.—El Paso July 6, 2016, no pet.) (mem. op.); Galvan v. Harris Cty., No. 01-09-00884-CV, 2011 WL 345677, at *1 (Tex. App.—Houston [1st Dist.] Jan. 31, 2011, no pet.) (mem. op.).
Because the trial court has granted a new trial, we grant appellant's motion and dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss any other pending motions as moot.
PER CURIAM Panel consists of Chief Justice Radack and Justices Brown and Lloyd.