Opinion
No. 04-14-00581-CV
09-08-2014
Dean DAVENPORT, Dillon Water Resources, Ltd., 5D Drilling and Pump Service, Inc., f/k/a Davenport Drilling & Pump Service, Inc., 5D Water Resources, LLC f/k/a Davenport Oper., LLC, Water Exploration Co., Ltd., WAD, Inc., Water Investment Leasing Company, Appellants v. Tom HALL, et al., Appellees
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-03086
Honorable Peter A. Sakai, Judge Presiding
ORDER
Appellees/cross-appellants have filed a motion to dismiss this appeal for want of appellate jurisdiction. In their motion, the appellees/cross-appellants state that the trial court granted a motion for new trial. When a motion for new trial is granted, the case is reinstated on the docket of the trial court, and "the court essentially wipes the slate clean and starts over." Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005). "An order granting [a] new trial deprives an appellate court of jurisdiction over the appeal." Yan v. Jiang, 241 S.W.3d 930, 930 (Tex. App.—Dallas 2008, no pet.).
Appellees/cross-appellants state in their motion that counsel for appellants/cross-appellees are opposed to dismissing this appeal for want of jurisdiction. It is therefore ORDERED that appellants/cross-appellees file a response to the motion to dismiss no later than ten days from the date of this order providing authority to support this court's continuing jurisdiction over this appeal.
/s/_________
Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of September, 2014.
/s/_________
Keith E. Hottle
Clerk of Court