Constantine Saadeh, M.D. v. Paula Reed-Whitley and Eddie Whitley ( 2006 )

NO. 07-06-0320-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
SEPTEMBER 14, 2006
______________________________
CONSTANTINE SAADEH, M.D., APPELLANT
V.
PAULA REED-WHITLEY AND EDDIE WHITLEY, APPELLEES
_________________________________
FROM THE 108TH DISTRICT COURT OF POTTER COUNTY;
NO. 91,387-E; HONORABLE ABE LOPEZ, JUDGE
_______________________________
Before REAVIS and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINION
Appellant Constantine Saadeh, M.D. perfected this appeal from the trial court’s
judgment and amended judgment in favor of appellees Paula Reed-Whitley and Eddie
Whitley. On August 25, 2006, the trial court granted Saadeh’s motion for new trial and
vacated the judgment and amended judgment. An order granting a new trial vacates the
original judgment appealed from and returns the case to the trial court as if no previous trial
or hearing had been conducted. See Old Republic Ins. Co. v. Scott, 846 S.W.2d 832, 833
(Tex. 1993); Long John Silver’s, Inc. v. Martinez, 850 S.W.2d 773, 777 (Tex.App.–San
Antonio 1993, writ dism’d w.o.j.). Thus, there is no final judgment from which an appeal
may be prosecuted.
Accordingly, the appeal is dismissed for want of jurisdiction.
Don H. Reavis
Justice
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