Opinion
No. 09-07-567 CV
Opinion Delivered January 10, 2008.
On Appeal from the 411th District Court Polk County, Texas Trial Cause No. CIV23,935.
Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.
MEMORANDUM OPINION
The trial court dismissed Cause No. CIV23,935 on October 3, 2007. Charles Ray Mason filed both a motion for reconsideration and a notice of appeal within thirty days of that date. See Tex. R. Civ. P. 329b(a); Tex. R. App. P. 26.1. On November 20, 2007, the trial court granted the motion and reinstated the case on the trial court's docket. See Tex. R. Civ. P. 329b(e). The trial court reinstated the case while it maintained plenary power. See Tex. R. Civ. P. 329b(d),(e). In response to our inquiry, the appellant agreed that the case is not subject to appeal at this time. Accordingly, the appeal is dismissed for lack of jurisdiction. Tex. R. App. P. 42.3(a).
APPEAL DISMISSED.