Pamela Ozueh and Chukwuemeka Ifeji and All Occupants v. Aberbeen

Opinion issued September 22, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00601-CV
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PAMELA OZUEH, CHUKWUEMEKA IFEJI, AND ALL OCCUPANTS,
Appellants
V.
ABERDEEN, Appellee
On Appeal from the County Civil Court at Law No. 3
Harris County, Texas
Trial Court Case No. 1079868
MEMORANDUM OPINION
Appellants, Pamela Ozueh, Chukwuemeka Ifeji, and All Occupants, timely
filed a notice of appeal of the trial court’s judgment signed on July 19, 2016. On
August 1, 2016, the trial court signed an order granting a motion for new trial. We
dismiss the appeal.
Generally, appeals may be taken only from final judgments. Lehmann v. Har-
Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When the trial court grants a motion
for new trial, the case is reinstated on the trial court’s docket and will proceed to trial
as though no trial had been previously conducted. Wilkins v. Methodist Health Care
Sys., 160 S.W.3d 559, 563 (Tex. 2005) (citations omitted). The granting of a new
trial renders the appeal moot, and this Court lacks jurisdiction over the appeal. See
In re W.B.B., No. 05-16-00147-CV, 2016 WL 1320804, at *1 (Tex. App.—Dallas
Apr. 5, 2016, no pet.) (mem. op.); Galvan v. Harris Cty., No. 01-09-00884-CV, 2011
WL 345677, at *1 (Tex. App.—Houston [1st Dist.] Jan. 31, 2011, no pet.) (mem.
op.).
On August 18, 2016, we notified appellants of our intent to dismiss the appeal
for want of jurisdiction, unless by August 29, 2016, they responded and provided an
explanation supported by authority to show that this Court has jurisdiction over the
appeal. See TEX. R. APP. P. 42.3(a). Appellants have not responded.
Because the trial court has granted a new trial, we dismiss the appeal for lack
of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss any pending motions
as moot.
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PER CURIAM
Panel consists of Justices Bland, Massengale, and Lloyd.
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