Opinion
04-24-00263-CV
07-03-2024
George CASTILLO, Appellant v. David Francisco HIDALGO and Jose Luis Hidalgo, Appellees
From the 63rd Judicial District Court, Kinney County, Texas Trial Court No. 6096 Honorable Roland Andrade, Judge Presiding
Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice
MEMORANDUM OPINION
PER CURIAM
DISMISSED FOR LACK OF JURISDICTION
On April 9, 2024, appellant filed a pro se notice of appeal, stating his intent to appeal the trial court's judgment removing an invalid lien. On April 19, 2024, appellees filed a motion to dismiss the appeal, explaining appellant had filed a motion for new trial, and the motion was set for hearing on May 1, 2024. On May 3, 2024, appellees amended their motion to dismiss to note the trial court granted appellant's motion for new trial. Appellant thereafter filed a "supplemental" notice of appeal explaining his intent to proceed with the appeal because of "the absence of Final Judgment in his favor."
"When the trial court grants a motion for new trial, the cause is reinstated on the court's docket as if no trial had been had and no judgment rendered." Kirk v. Changing Surface, Inc., No. 04-03-00539-CV, 2003 WL 22187175, at *1 (Tex. App.-San Antonio Sept. 24, 2003, no pet.) (citing City of San Antonio v. Dickman, 34 Tex. 647, 650 (1871)); see also Tex. R. App. P. 21.9(b). "In the absence of a final judgment, we lack jurisdiction over the appeal." Kirk, 2003 WL 22187175, at *1 (citing City of Beaumont v. Guillory, 751 S.W.2d 491, 492 (Tex. 1988)). Because the record showed the trial court granted appellant's motion for new trial, we ordered appellant to show cause in writing no later than June 10, 2024 why this appeal should not be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f), 44.3. No response has been filed.
Accordingly, this appeal is dismissed for lack of jurisdiction.