George Castillo v. David Francisco Hidalgo and Jose Luis Hidalgo ( 2024 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-24-00263-CV
George CASTILLO,
Appellant
v.
David Francisco HIDALGO and Jose Luis Hidalgo,
Appellees
From the 63rd Judicial District Court, Kinney County, Texas
Trial Court No. 6096
Honorable Roland Andrade, Judge Presiding
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Irene Rios, Justice
Beth Watkins, Justice
Delivered and Filed: July 3, 2024
DISMISSED FOR LACK OF JURISDICTION
On April 9, 2024, appellant filed a pro se notice of appeal, stating his intent to appeal the
trial court’s judgment removing an invalid lien. On April 19, 2024, appellees filed a motion to
dismiss the appeal, explaining appellant had filed a motion for new trial, and the motion was set
for hearing on May 1, 2024. On May 3, 2024, appellees amended their motion to dismiss to note
the trial court granted appellant’s motion for new trial. Appellant thereafter filed a “supplemental”
notice of appeal explaining his intent to proceed with the appeal because of “the absence of Final
Judgment in his favor.”
04-24-00263-CV
“When the trial court grants a motion for new trial, the cause is reinstated on the court’s
docket as if no trial had been had and no judgment rendered.” Kirk v. Changing Surface, Inc., No.
04-03-00539-CV, 2003 WL 22187175, at *1 (Tex. App.—San Antonio Sept. 24, 2003, no pet.)
(citing City of San Antonio v. Dickman, 34 Tex. 647, 650 (1871)); see also TEX. R. APP. P. 21.9(b).
“In the absence of a final judgment, we lack jurisdiction over the appeal.” Kirk, 2003 WL
22187175, at *1 (citing City of Beaumont v. Guillory, 751 S.W.2d 491, 492 (Tex. 1988)). Because
the record showed the trial court granted appellant’s motion for new trial, we ordered appellant to
show cause in writing no later than June 10, 2024 why this appeal should not be dismissed for lack
of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f), 44.3. No response has been filed.
Accordingly, this appeal is dismissed for lack of jurisdiction.
PER CURIAM
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