DocketNumber： 08-19-00094-CV
Filed Date： 8/7/2019
Status： Precedential
Modified Date： 4/17/2021
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § KAREN ALBA, No. 08-19-00094-CV § Appellant, Appeal from § v. 388th District Court § FRANK ALBA, JR., of El Paso County, Texas § Appellee. (TC # 2017DCM4333) § MEMORANDUM OPINION This appeal is before the Court on its own motion to determine whether it should be dismissed for want of jurisdiction. Karen Alba filed notice of appeal from a final decree of divorce. The trial court subsequently granted Appellant’s motion for new trial while it still had plenary power over the case. See TEX.R.CIV.P. 329b(e). The granting of a new trial caused the appeal to become moot. See Heckman v. Williamson County,369 S.W.3d 137
, 162 (Tex. 2012)(“[A] case is moot when the court’s action on the merits cannot affect the parties’ rights or interests.”). If a case becomes moot, a court must dismiss the proceeding for lack of jurisdiction.Heckman, 369 S.W.3d at 162
. Accordingly, we dismiss the appeal for want of jurisdiction. August 7, 2019 ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Palafox, JJ.