in the Interest of C.G. and T.G., Children

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00062-CV
IN THE INTEREST OF C.G. AND
T.G., CHILDREN
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FROM THE 325TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 325-580928-15
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MEMORANDUM OPINION1
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Appellant Father attempts to appeal from the trial court’s order setting
aside a default judgment and granting a new trial to Appellee Mother.2 We
dismiss the appeal for want of jurisdiction.
1
See Tex. R. App. P. 47.4.
2
We use aliases for the children and their relatives throughout this opinion.
See Tex. R. App. P. 9.8(b)(2).
Father timely filed his notice of appeal with the district clerk on February
24, 2016. Attached to his notice of appeal was a copy of a trial court order
signed on February 12, 2016, that granted Mother’s motion for new trial. On
March 1, 2016, we sent a letter to Father expressing concern that we might not
have jurisdiction over the appeal because the order did not appear to be a final
judgment or an appealable interlocutory order. We requested a response
showing any grounds for continuing the appeal. Father did not respond to the
court’s request.
Generally speaking, appellate courts have jurisdiction over appeals in
cases where a final judgment has been rendered that disposes of all issues and
parties in the case. Kiefer v. Kiefer, 132 S.W.3d 601, 602 (Tex. App.—Fort
Worth 2004, no pet.). An order granting a motion for new trial is not a final
judgment that can be immediately appealed. Lynn v. Hanna, 296 S.W. 280, 281
(Tex. 1927). Rather, it is an interlocutory order that appellate courts are without
power to review. Id.
The Texas Legislature has by statute authorized the immediate appeal of
several types of interlocutory orders. See, e.g., Tex. Civ. Prac. & Rem. Code
Ann. §§ 150.002(f), 171.098 (West 2011), § 51.016 (West 2015), §§ 15.003(b),
51.014(a) (West. Supp. 2015). However, none of these statutory exceptions
apply to the order before us.
Because the order granting a new trial is neither a final judgment nor an
appealable interlocutory order, we have no jurisdiction over this appeal.
2
Accordingly, we dismiss the appeal for want of jurisdiction. Tex. R. App. P.
42.3(a).
/s/ Lee Gabriel
LEE GABRIEL
JUSTICE
PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ.
DELIVERED: April 7, 2016
3