Opinion
NUMBER 13-17-00004-CV
03-02-2017
JAMES H. HITE, JIMBETH HITE AND WANOP, LLC, Appellants, v. JOHN ACKERS AND SUSAN ACKERS, Appellees.
On appeal from the 197th District Court of Willacy County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Contreras, and Longoria
Memorandum Opinion by Justice Rodriguez
Appellants, James H. Hite, Jimbeth Hite, and WANOP, LLC, filed an appeal from a judgment entered by the 197th District Court of Willacy County, Texas in trial court cause number 2016-CV-0337-A. Appellants have now filed an amended unopposed motion to dismiss this appeal. According to the amended unopposed motion to dismiss, the trial court granted judgment in favor of appellees, John Ackers and Susan Ackers; however, the trial court has granted the appellants' motion for new trial and the underlying matter has now been set for trial. Appellants thus urge that this Court lacks jurisdiction over the appeal.
The Court, having considered the documents on file and appellants' unopposed amended motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a); see also Fruehauf Corp. v. Carrillo, 848 S.W.2d 83, 84 (Tex. 1993) (per curiam) (stating that an order granting a new trial is an interlocutory order). Appellants' amended motion to dismiss is granted, and the appeal is hereby DISMISSED for want of jurisdiction. Costs will be taxed against appellants. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at appellants' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.
NELDA V. RODRIGUEZ
Justice Delivered and filed the 2nd day of March, 2017.