Federal National Mortgage Association v. Gerald R. Haddox and Sharon Haddox ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00006-CV
Federal National Mortgage Association, Appellant
v.
Gerald R. Haddox and Sharon Haddox, Appellees
FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY
NO. C-1-CV-14-005024, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING
MEMORANDUM OPINION
On January 5, 2015, appellant filed its notice of appeal. On March 4, the trial court
clerk provided us with a copy of appellant’s letter stating, “Please be advised we are dismissing the
appeal” due to the trial court’s granting of appellant’s motion for new trial. The trial court clerk also
provided a copy of the trial court’s order. Appellant has not filed a motion to dismiss its appeal as
promised. However, we will take notice of the trial court’s order granting appellant’s motion for
new trial. Once the trial court granted the motion for new trial, the final and appealable judgment
was essentially wiped away. See Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563
(Tex. 2005). There is therefore nothing over which we may exercise appellate jurisdiction. We
dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
__________________________________________
David Puryear, Justice
Before Justices Puryear, Pemberton, and Bourland
Dismissed for Want of Jurisdiction
Filed: May 8, 2015
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