Opinion
01-24-00445-CR
08-29-2024
GENEVA CHATMAN, Appellant v. MUHAMMAD NAZIM, Appellee
On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1227874
Panel consists of Adams Chief Justice and Hightower and Countiss Justices.
MEMORANDUM OPINION
PER CURIAM
Appellant Geneva Chatman attempts to appeal a judgment signed on June 4, 2024. On July 1, 2024, the trial court granted appellant's motion for new trial.
Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When a motion for new trial is granted, the case is reinstated upon the docket of the trial court and will stand for trial the same as though no trial had been had. Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005). Thus, when the trial court grants a motion for new trial, the trial court "essentially wipes the slate clean and starts over." Id. Here, the trial court granted appellant's motion for new trial within the period of its plenary power. See Tex. R. Civ. P. 329b(d), (e); Thomas v. Oldham, 895 S.W.2d 352, 356 (Tex. 1995). Therefore, the issues presented in this appeal are rendered moot and this Court lacks appellate jurisdiction.
On August 15, 2024, the Clerk of this Court issued a Notice that this Court might dismiss this appeal for want of jurisdiction unless appellant filed a response within 10 days of the Notice explaining how this Court had jurisdiction over this appeal. Appellant did not adequately respond to the Notice. Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss any pending motions as moot.