In the Interest of C.C.A., a Child v. the State of Texas ( 2023 )

IN THE
TENTH COURT OF APPEALS
No. 10-23-00325-CV
IN THE INTEREST OF C.C.A., A CHILD
From the County Court at Law
Coryell County, Texas
Trial Court No. CCL-22-53958
MEMORANDUM OPINION
Appellant appeals from the trial court’s order in a suit affecting the parent-child
relationship, signed on September 18, 2023. Because the trial court has granted
Appellant’s motion for new trial, we dismiss this appeal for want of jurisdiction.
We have jurisdiction to hear an appeal only from a final judgment or from an
interlocutory order made immediately appealable by statute. See TEX. CIV. PRAC. & REM.
CODE ANN. § 51.012; Stary v. DeBord, 967 S.W.2d 352, 352–53 (Tex. 1998) (per curiam).
Granting a new trial has the legal effect of vacating the original judgment and returning
the case to the trial docket as though there had been no previous trial or hearing.
Markowitz v. Markowitz, 118 S.W.3d 82, 88 (Tex. App.—Houston [14th Dist.] 2003, pet.
denied). Thus, an order granting a new trial deprives an appellate court of jurisdiction
over an appeal. In re O.C., No. 07-23-00136-CV, 2023 WL 3819195, at *1 (Tex. App.—
Amarillo June 5, 2023, no pet.) (mem. op.) (per curiam).
By letter dated November 16, 2023, the Clerk of this Court notified the parties that
this appeal was subject to dismissal because it appeared that there was no final judgment.
The Clerk of the Court notified the parties that the Court may dismiss this appeal unless,
within fourteen days of the date of the letter, a response was filed showing grounds for
continuing the appeal.
No response has been received. Accordingly, this appeal is dismissed for want of
jurisdiction. See TEX. R. APP. P. 42.3(a).
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Dismissed
Opinion delivered and filed December 21, 2023
[CV06]
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