Guadalupe Guajardo, Jr. v. State ( 2002 )

No. 04-02-00312-CV Guadalupe GUAJARDO, Jr., Appellant v. TEXAS DEPARTMENT OF PUBLIC SAFETY and The State of Texas, Appellees From the 229th Judicial District Court, Duval County, Texas Trial Court No. DC-01-13 Honorable Alex W. Gabert, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: June 26, 2002

DISMISSED FOR LACK OF JURISDICTION

Appellant, Guadalupe Guajardo, appeals the trial court's order granting of the Texas Department of Public Safety's motion for new trial in the proceedings styled Ex parte Guadalupe Guajardo, Jr., Cause Number DC-01-13. The record reflects that on February 7, 2002, the trial court entered an order granting Guarjardo's petition for expunction of his criminal record. That order was subsequently set aside by the trial court when it granted the TDPS's motion for new trial on April 18, 2002. The new trial was scheduled for June 18, 2002. Guajardo filed his notice of appeal from the April 18, 2002 order on April 29, 2002. On May 9, 2002, the TPDS filed a motion to dismiss for lack of this court's jurisdiction. Our ruling on this motion was delayed pending our review of the clerk's record.

The granting of a motion for new trial is not a final appealable order. Frueharf Corp. v. Carrillo, 848 S.W.2d 83, 84 (Tex. 1993); Cummins v. Paisan Constr. Co., 682 S.W.2d 235, 236 (Tex. 1984). In the absence of a final judgment, this court lacks jurisdiction of this appeal. See City of Beaumont v. Guillory, 751 S.W.2d 491, 492 (Tex. 1988). Accordingly, we grant the motion to dismiss filed by the TDPS and dismiss the appeal for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH