Opinion
No. 05-09-00259-CV
Opinion Filed March 18, 2009.
On Appeal from the 302nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. 03-06053-U.
Before Justices FRANCIS, LANG-MIERS, and MAZZANT.
MEMORANDUM OPINION
The Court has before it appellant's March 13, 2009 motion to dismiss the appeal. Appellant states the trial court granted a motion for new trial and the order from which the appeal was taken has been vacated. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1; See also Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (courts of appeals have jurisdiction over final judgments or otherwise appealable interlocutory orders).