Opinion
05-24-00782-CV
08-26-2024
IN THE INTEREST OF D.J., A CHILD
On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-56625-2020
Before Burns, Chief Justice Molberg, Justice and Carlyle, Justice.
MEMORANDUM OPINION
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant appeals the trial court's June 18, 2024 order awarding attorney's fees to appellee. Because it appeared the June 18 order was signed after the trial court lost plenary power, we questioned our jurisdiction over the appeal and directed the parties to file letter briefs. See State ex. rel Latty v. Owens, 907 S.W.2d 484, 486 (Tex. 1995) (per curiam) (action taken by trial court after plenary power expires is void); Freedom Commc'ns, Inc. v. Coronado, 372 S.W.3dd 621, 623-24 (Tex. 2012) (per curiam) (when appeal taken from void order, appellate court can only vacate order and dismiss appeal). Agreeing with our analysis, appellant has filed a motion to vacate the order. Appellee did not file a response, and the time to do so has passed.
The trial court signed the divorce decree on October 8, 2022. The trial court's plenary power expired on November 7, 2022. See Tex. R. Civ. P. 329b(d). The June 18 order is void because it was signed after the trial court lost plenary power. See Owens, 907 S.W.2d at 486. Accordingly, we grant appellant's motion, vacate the June 18 order, and dismiss the appeal. See Tex. R. App. P. 42.3(a); Coronado, 372 S.W.3d at 623-24.
JUDGMENT
In accordance with this Court's opinion of this date, the trial court's June 18, 2024 order is VACATED and the appeal is DISMISSED.