Tanisa Jeffers Bernard v. Brian Y. Bernard ( 2021 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00237-CV
Tanisa Jeffers Bernard, Appellant
v.
Brian Y. Bernard, Appellee
FROM THE 200TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-FM-18-005899, THE HONORABLE JESSICA MANGRUM, JUDGE PRESIDING
MEMORANDUM OPINION
On May 17, 2021, appellant Tanisa Jeffers Bernard filed a notice of appeal from
the trial court’s May 3, 2021 Notice and Order of Nonsuit dismissing the case. The Court has
been notified by supplemental clerk’s record that appellant’s motion for new trial has been
granted. The effect of the grant of a motion for new trial is to set aside the original judgment and
reinstate the case on the docket as if it had not been tried. 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.”). Thus, 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).
After an initial review, the Clerk of this Court sent appellant a letter informing her
that the Court appears to lack jurisdiction over the appeal for the reasons stated above
and requesting a response informing us of any basis that exists for jurisdiction. To date,
no response has been filed. Accordingly, we dismiss the appeal for want of jurisdiction.
See Tex. R. App. P. 42.3(a).
__________________________________________
Gisela D. Triana, Justice
Before Chief Justice Byrne, Justices Triana and Kelly
Dismissed for Want of Jurisdiction
Filed: October 14, 2021
2