Opinion
NUMBER 13-17-00325-CV
10-12-2017
IN THE INTEREST OF M.S., A CHILD
On appeal from the 444th District Court of Cameron County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Contreras and Hinojosa
Memorandum Opinion by Justice Hinojosa
Appellant, the Office of the Attorney General of Texas, appealed a judgment in a suit affecting parent child relationship signed by the 444th District Court of Cameron County, Texas, on March 28, 2017. Appellant filed a motion for new trial on April 12, 2017, and the trial court granted appellant's motion for new trial on June 20, 2017. Appellant has filed a motion to dismiss appeal on the grounds that there is not a final order from which to appeal.
The granting of a motion for new trial restores the case to its position before the former trial, Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005), and it renders any appeal moot. Accordingly, we dismiss the appeal as moot. See TEX. R. APP. P. 42.3(a), (c); 43.2(f).
LETICIA HINOJOSA
Justice Delivered and filed the 12th day of October, 2017.