Opinion
No. 01-09-00884-CV
Opinion issued January 31, 2011.
On Appeal from the 189th District Court, Harris County, Texas, Trial Court Cause No. 2007-59203.
Panel consists of Justices KEYES, SHARP, and MASSENGALE.
MEMORANDUM OPINION
Appellant, James Partsch Galvan, attempts to appeal from the trial court's order granting partial summary judgment in favor of appellee, Dorothy F. Meyer. We dismiss as moot.
With few exceptions, an appeal may only be taken from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). On January 28, 2010, the trial court signed a final judgment in the above-referenced case. On March 15, 2010, however, the trial court granted a motion for new trial and reinstated the case. The granting of a motion for new trial restores the case to its position before the former trial. See Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005). The appeal is rendered moot by the order granting a new trial.
Accordingly, we dismiss the appeal as moot. See TEX. R. APP P. 43.2(f). In addition, we dismiss any pending motions as moot.
We direct the Clerk to issue the mandate within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1.