Namken Construction, Inc. and Brandon Namken v. Jeffrey Anderson and Cynthia Anderson ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00224-CV
Namken Construction, Inc. and Brandon Namken, Appellants
v.
Jeffrey Anderson and Cynthia Anderson, Appellees
FROM THE DISTRICT COURT OF HAYS COUNTY, 428TH JUDICIAL DISTRICT
NO. 14-1456, HONORABLE R. BRUCE BOYER, JUDGE PRESIDING
MEMORANDUM OPINION
Appellants Namken Construction, Inc. and Brandon Namken have filed a motion to
dismiss this appeal, which appellees Jeffrey Anderson and Cynthia Anderson do not oppose, because
the trial court granted appellants’ motion for new trial.1 See Wilkins v. Methodist Health Care Sys.,
160 S.W.3d 559, 563 (Tex. 2005) (“[W]hen the trial court grants a motion for new trial, the
court essentially wipes the slate clean and starts over.”). There is no longer a final and appealable
judgment over which we may exercise jurisdiction. See Lehmann v. Har-Con Corp., 39 S.W.3d 191,
195 (Tex. 2001). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App.
P. 42.3(a).
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Appellants provided a file-stamped copy of the trial court’s signed order granting their
motion for new trial in the underlying suit.
__________________________________________
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Goodwin and Field
Dismissed for Want of Jurisdiction
Filed: June 25, 2015
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