Opinion
01-22-00534-CV
11-01-2022
VANESSA L. RAY, Appellant v. THE LIFE OF STERLING WOODS, Appellee
On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Case No. 1186025
Panel consists of Chief Justice Radack and Justices Landau and Hightower.
MEMORANDUM OPINION
PER CURIAM
Appellant, Vanessa L. Ray, attempts to appeal from the trial court's July 6, 2022 final judgment awarding possession of the premises to appellee, The Life of Sterling Woods. We dismiss.
On July 12, 20022, appellant filed a notice of appeal from the trial court's July 6, 2022 final judgment. However, on July 20, 2022, the trial court issued an "Order to Make the Records Confidential, Abate the Case, and Dismiss the Case with Prejudice Pursuant to Texas Supreme Court Emergency Order 50." This order set aside the trial court's July 6, 2022 final judgment. On October 7, 2022, the Clerk of this Court issued a notice that this Court might dismiss this appeal for want of jurisdiction unless appellant filed a response within 10 days of the notice explaining how this Court had jurisdiction over this appeal. Appellant did not adequately respond to the notice.
Generally, a Texas appellate court has jurisdiction to consider only an appeal from a final judgment. Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). However, appellate courts have jurisdiction to consider immediate appeals of interlocutory orders if a statute explicitly provides appellate jurisdiction. Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998); New York Underwriters Ins. Co. v. Sanchez, 799 S.W.2d 677, 679 (Tex. 1990); see also Tex. Civ. Prac. & Rem. Code § 51.014 (statutory list of appealable interlocutory orders).
Because the trial court vacated and set aside its July 6, 2022 final judgment, the record does not contain a final judgment or other appealable order. See Tex. Civ. Prac. & Rem. Code § 51.012; see, e.g., Zapata v. Clear Creek Indep. Sch. Dist., No. 01-15-00346-CV, 2015 WL 7737626, at *1 (Tex. App.-Houston [1st Dist.] Dec. 1, 2015, no pet.) (per curiam) (mem. op.) (granting joint motion to dismiss appeal for want of jurisdiction after trial court vacated final judgment on appeal). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). We dismiss any pending motions as moot.