Opinion
NO. 03-20-00586-CV
03-04-2021
R. S., Appellant v. Texas Department of Family and Protective Services, Appellee
FROM THE 146TH DISTRICT COURT OF BELL COUNTY
NO. 307,794-B, THE HONORABLE ALAN MAYFIELD, JUDGE PRESIDINGMEMORANDUM OPINION
After the trial court issued an order terminating her parental rights, R.S. filed a notice of appeal and a motion for new trial. See Tex. Fam. Code § 161.001. The record reflects that the trial court granted the motion for new trial on February 11, 2021. Because "[g]ranting a new trial restores the case to its position before the former trial," this appeal was rendered moot by the trial court's order. See Tex. R. App. P. 21.9(b); Saunders v. Saunders, No. 03-14-00807-CV, 2015 WL 2183529, at *1 (Tex. App.—Austin May 8, 2015, no pet.) (mem. op.). Accordingly, we dismiss the appeal. See Tex. R. App. P. 43.2(f).
/s/_________
Thomas J. Baker, Justice Before Chief Justice Byrne, Justices Baker and Smith Dismissed Filed: March 4, 2021