Opinion
No. 09-11-00075-CV
Opinion Delivered April 28, 2011.
On Appeal from the County Court at Law No. 3, Montgomery County, Texas, Trial Cause No. 06-03-02370-CV.
Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.
MEMORANDUM OPINION
On February 18, 2011, Alexandra Shipula filed a notice of appeal from final order signed by the trial court on February 7, 2011, in a suit to modify the parent-child relationship. An amended notice of appeal was filed February 22, 2011. A motion for new trial was filed on February 22, 2011. On March 9, 2011, the trial court granted the motion for new trial and vacated the order of February 7, 2011. The trial court granted a motion for new trial while the trial court maintained plenary power over the case. See Tex. R. Civ. P. 329b(e). On March 24, 2011, we notified the parties that the appeal would be dismissed for lack of jurisdiction. No replies have been filed.
The notices of appeal invoked the Court's appellate jurisdiction to review a judgment that has been vacated. The Court finds it lacks jurisdiction over the appeal. Accordingly, the appeal is dismissed.
APPEAL DISMISSED.