Opinion
05-21-00983-CV
02-13-2023
HONG ZHUANG, Appellant v. CARLOS RODRIGUEZ, Appellee
On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-18388
Before Justices Partida-Kipness, Nowell, and Wright
The Hon. Carolyn Wright, Justice, Assigned
MEMORANDUM OPINION
ERIN A. NOWELL, JUSTICE
Hong Zhuang sued Carlos Rodriguez, and, several months later, the trial court entered summary judgment in her favor. Rodriguez timely filed a motion for new trial, which the trial court granted. The case eventually proceeded to a bench trial, and the trial court rendered judgment against Zhuang. On appeal, Zhuang raises two issues challenging the trial court's order granting Rodriguez's motion for new trial.We affirm the trial court's judgment.
Although Zhuang's notice of appeal stated she was appealing from the motion for new trial and the final judgment, she does not raise any issues challenging the final judgment in this appeal.
Generally, when a motion for new trial is timely filed and the motion is granted during the trial court's plenary power, the order granting a new trial is not subject to review either by direct appeal from that order or from a final judgment rendered after further proceedings in the trial court. See Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005) (citing Cummins v. Paisan Constr. Co., 682 S.W.2d 235, 236 (Tex. 1984)); Nguyen v. Terra Nostra Realty, Inc., No. 01-20-00668-CV, 2022 WL 4240909, at *3 (Tex. App.-Houston [1st Dist.] Sept. 15, 2022, no pet.) (mem. op.); Interest of R.G.A.C.L.G., No. 05-20-00457-CV, 2022 WL 123104, at *2 (Tex. App.-Dallas Jan. 13, 2022, no pet.) (mem. op.); Dupree v. Dupree, No. 14-20-00296-CV, 2021 WL 4899228, at *6 (Tex. App.-Houston [14th Dist.] Oct. 21, 2021, no pet.) (mem. op.). When a motion for new trial is granted, the court "wipes the slate clean and starts over." Wilkins, 160 S.W.3d at 563.
Rodriguez timely filed the motion for new trial, and the trial court granted the motion during its period of plenary power over the original judgment. See Tex. R. Civ. P. 329b. Thus, in this case, "the trial court wiped the slate clean when it granted [Rodriguez's] motion for new trial; it is as though the court's first order granting summary judgment never existed." Wilkins, 160 S.W.3d at 563. Consequently, the order is not subject to review on appeal, and we decline to consider the issues Zhuang raises on appeal.
We affirm the trial court's judgment.
JUDGMENT
In accordance with this Court's opinion of this date, the judgment of the trial court is AFFIRMED.
It is ORDERED that each party bear its own costs of this appeal.