Opinion
No. 04-20-00560-CV
03-17-2021
IN THE INTEREST OF G.G., a Child
MEMORANDUM OPINION
From the County Court at Law No. 1, Webb County, Texas
Trial Court No. 2013CVW001904-C1
Honorable Hugo Martinez, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice DISMISSED FOR WANT OF JURISDICTION
In the case underlying this appeal, the trial court signed an appealable order on May 21, 2020. On June 17, 2020, Appellant filed a timely motion for new trial. See TEX. R. APP. P. 26.1(a). On November 16, 2020, Appellant filed a notice for a restricted appeal. See TEX. R. APP. P. 26.1(c). However, a restricted appeal is not permitted after the timely filing of a post-judgment motion. Giron v. Gonzalez, 247 S.W.3d 302, 305 (Tex. App.—El Paso 2007, no pet.) (citing TEX. R. APP. P. 26.1(c), 30; Norman Commc'ns v. Tex. Eastman Co., 955 S.W.2d 269, 270 (Tex. 1997)).
On February 10, 2021, we ordered Appellant to show cause in writing not later than February 25, 2021, why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a) (dismissal for want of jurisdiction); Giron, 247 S.W.3d at 305 (requirements for restricted appeal).
On February 25, 2021, Appellant responded that either the order appealed from was not final for the reasons stated in the merits of her appeal, or, in the alternative, Appellant awaited the outcome of the motion for new trial and should be permitted to pursue her appeal now that it is clear the trial court did not grant a new trial.
Because Appellant filed a timely motion for new trial following the final order, Appellant is ineligible for a restricted appeal, and she has failed to invoke this court's appellate jurisdiction. See Giron, 247 S.W.3d at 305. We dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
PER CURIAM