in the Interest of G.R.M. and G.A.A.M., Children ( 2018 )

DISMISS and Opinion Filed July 24, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00594-CV
IN THE INTEREST OF G.R.M. AND G.A.A.M., CHILDREN
On Appeal from the 255th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-17-07648
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Evans, and Justice Brown
Opinion by Chief Justice Wright
The Court questioned its jurisdiction over this appeal as the clerk’s record contained an
order granting appellant’s motion for new trial. We instructed appellant to file, by June 11, 2018,
a letter brief addressing the jurisdictional issue and cautioned her that failure to comply may result
in dismissal of the appeal without further notice. Appellant has not complied.
An order granting a new trial deprives an appellate court of jurisdiction over an appeal.
See Yan v. Jiang, 241 S.W.3d 930, 930 (Tex. App.—Dallas 2008, no pet.). The trial court signed
the judgment on April 25, 2018. Appellant filed a timely motion for new trial on April 30, 2018.
The trial court signed an order granting the motion for new trial on May 7, 2018.
Because the trial court has granted a new trial, this Court lacks jurisdiction over this appeal.
Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
180594F.P05
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF G.R.M. AND On Appeal from the 255th Judicial District
G.A.A.M., CHILDREN Court, Dallas County, Texas
Trial Court Cause No. DF-17-07648.
No. 05-18-00594-CV Opinion delivered by Chief Justice Wright.
Justices Evans and Brown participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee Charles Ray McCullough recover his costs of this appeal
from appellant Lequeshua Shanta Wriser.
Judgment entered July 24, 2018.
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