Karen Alba v. Frank Alba, Jr. ( 2019 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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KAREN ALBA, No. 08-19-00094-CV
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Appellant, Appeal from
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v. 388th District Court
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FRANK ALBA, JR., of El Paso County, Texas
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Appellee. (TC # 2017DCM4333)
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MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be
dismissed for want of jurisdiction. Karen Alba filed notice of appeal from a final decree of divorce.
The trial court subsequently granted Appellant’s motion for new trial while it still had plenary
power over the case. See TEX.R.CIV.P. 329b(e). The granting of a new trial caused the appeal to
become moot. See Heckman v. Williamson County, 369 S.W.3d 137, 162 (Tex. 2012)(“[A] case
is moot when the court’s action on the merits cannot affect the parties’ rights or interests.”). If a
case becomes moot, a court must dismiss the proceeding for lack of jurisdiction. Heckman, 369
S.W.3d at 162. Accordingly, we dismiss the appeal for want of jurisdiction.
August 7, 2019
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.