Opinion
No. 05-16-00147-CV
04-05-2016
IN THE INTEREST OF W.B.B., A CHILD
On Appeal from the 255th Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-14-23119
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
Appellant appeals from the trial court's December 3, 2015 order imposing sanctions under section 10.001 of the Texas Civil Practice and Remedies Code. Appellant filed a motion for new trial, which the trial court granted during the period in which it retained plenary power. See TEX. R. CIV. P. 329b(d),(e); Thomas v. Oldham, 895 S.W.2d 352, 356 (Tex. 1995).
By letter dated February 18, 2016, the Court questioned whether the order granting a new trial deprived us of jurisdiction over this appeal. We instructed appellant to file, no later than February 29, 2016, a letter brief explaining why the Court should not dismiss the appeal for want of jurisdiction and gave appellee the opportunity to respond. Appellant was cautioned that failure to comply may result in dismissal of this appeal without further notice. To date, appellant has not responded.
Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Absent circumstances not present here, an order granting new trial signed within the trial court's plenary power is not reviewable on direct appeal. Cummins v. Paisan Const. Co., 682 S.W.2d 235, 236 (Tex. 1984); Burroughs v. Leslie, 620 S.W.2d 643, 644 (Tex. Civ. App.—Dallas 1981, writ ref'd n.r.e.). When the trial court grants a motion for new trial, the case is reinstated on the docket of the trial court and will proceed to trial as though no trial had been previously conducted. Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005). Accordingly, when the trial court grants a motion for new trial, "in essence, the trial court hits the restart button and the entire proceedings begins anew." Id. Because the trial court has granted a new trial, the issues in this appeal are rendered moot and this Court lacks appellate jurisdiction.
Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 160147F.P05
JUDGMENT
On Appeal from the 255th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DF-14-23119.
Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating.
In accordance with this Court's opinion of this date, this appeal is DISMISSED.
It is ORDERED that appellee STEHANIE BYRD recover her costs of this appeal from appellant WILLIAM BARRETT BYRD. Judgment entered April 5, 2016.