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Leon v. Abayomi

Court of Appeals For The First District of Texas
Aug 24, 2017
NO. 01-17-00169-CV (Tex. App. Aug. 24, 2017)

Opinion

NO. 01-17-00169-CV

08-24-2017

MESHELLE MARIE LEON, Appellant v. KEHINDE ABIOLA ABAYOMI, Appellee


On Appeal from the 507th District Court Harris County, Texas
Trial Court Cause No. 2014-05132

MEMORANDUM OPINION

Appellant, Meshelle Marie Leon, filed a pro se notice of appeal from the trial court's final decree of divorce, signed on March 3, 2017, but the trial court granted a motion for new trial on March 9, 2017. We dismiss for lack of jurisdiction.

We are authorized by statute to consider an appeal from a "final order" rendered under Title 5 of the Family Code. See TEX. FAM. CODE ANN. § 109.002(b) (West 2011); see, e.g., Brejon v. Johnson, 314 S.W.3d 26, 33 (Tex. App.—Houston [1st Dist.] 2009, no pet.). When the trial court grants a motion for new trial, the case is reinstated on the trial court's docket 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). The granting of a new trial renders the appeal moot, and this Court lacks jurisdiction over the appeal. See Galvan v. Harris Cty., No. 01-09-00884-CV, 2011 WL 345677, at *1 (Tex. App.—Houston [1st Dist.] Jan. 31, 2011, no pet.) (per curiam) (mem. op.) (dismissing appeal as moot after trial court signed order granting new trial).

Here, the supplemental clerk's record filed in this Court shows that the trial court had signed an order granting its own motion for new trial on March 9, 2017. Thus, because the trial court already granted a new trial, we lack jurisdiction over this appeal. See Galvan, 2011 WL 345677, at *1.

On June 5, 2017, the Clerk of this Court notified appellant that this appeal was subject to dismissal for want of jurisdiction unless appellant timely responded and showed how this Court had jurisdiction over this appeal. See TEX. R. APP. P. 42.3(a), (c). Although appellant filed a motion to dismiss the appeal, it was untimely filed on July 17, 2017, and failed to show how this Court has jurisdiction.

Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), (c); 43.2(f). We dismiss all pending motions as moot.

PER CURIAM Panel consists of Justices Higley, Massengale, and Lloyd.


Summaries of

Leon v. Abayomi

Court of Appeals For The First District of Texas
Aug 24, 2017
NO. 01-17-00169-CV (Tex. App. Aug. 24, 2017)
Case details for

Leon v. Abayomi

Case Details

Full title:MESHELLE MARIE LEON, Appellant v. KEHINDE ABIOLA ABAYOMI, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Aug 24, 2017

Citations

NO. 01-17-00169-CV (Tex. App. Aug. 24, 2017)