Opinion
NO. 09-14-00022-CVNO. 09-14-00023-CVNO. 09-14-00024-CVNO. 09-14-00025-CVNO. 09-14-00026-CV
03-20-2014
TOMMIE ALLEN RINGO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 1A District Court
Jasper County, Texas
Trial Cause Nos. 33435, 33436, 33438, 33439 and 33442
MEMORANDUM OPINION
The Texas Department of Public Safety ("DPS") filed a motion to dismiss Tommie Allen Ringo's appeals of five orders granting expunction. Ringo did not respond to the motion. We grant the motion and dismiss the appeals.
The trial court signed the expunction orders on September 27, 2013. In each of the five cases, DPS filed a motion for new trial on October 23, 2013, and the trial court signed an order granting the motion for new trial before the motion for new trial was overruled by operation of law. The trial court granted the motion for new trial while the court maintained its plenary jurisdiction over the cases. See Tex. R. Civ. P. 329b(e). An order granting a motion for new trial is not a final appealable order. Fruehauf Corp. v. Carrillo, 848 S.W.2d 83, 84 (Tex. 1993). This Court lacks jurisdiction to hear the appeals because the notices of appeal seek a review of vacated judgments which are not final and appealable orders. See Tex. Civ. Prac. & Rem. Code Ann. § 51.012 (West Supp. 2013) (A person may appeal from a final judgment.). Accordingly, the appeals are dismissed. Tex. R. App. P. 43.2(f).
APPEALS DISMISSED.
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LEANNE JOHNSON
Justice
Before Kreger, Horton, and Johnson, JJ.