Autonation Direct.com Inc. D/B/A Auto Advertising Services v. Thomas A. Moorehead, Inc. D/B/A BMW of Sterling

• Court: Court of Appeals of Texas
• Decided: November 2, 2006
• Docket: 14-06-00711-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 2, 2006

Dismissed and Memorandum Opinion filed November 2, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00711-CV

AUTONATION DIRECT.COM INC. D/B/A

AUTO ADVERTISING SERVICES, Appellant

V.

THOMAS A. MOOREHEAD, INC., D/B/A BMW OF STERLING, Appellee

On Appeal from County Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 828414

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from a judgment signed July 27, 2006.  The record reflects judgment was entered May 3, 2006.  On July 17, 2006, the trial court granted appellee=s motion for new trial.  On July 27, 2006, the trial court entered a judgment that vacated the order of July 17, 2006, and the judgment entered May 3, 2006, and entered a judgment notwithstanding the verdict.  On August 25, 2006, the trial court entered an amended judgment which further denied appellee=s request for attorney fees.

A trial court retains plenary power to vacate or Aungrant@ an order granting a new trial for seventy-five days after the original judgment is signed.  See Porter v. Vick, 888 S.W.2d 789, 790 (Tex. 1994).  The July 27, 2006, order was signed eighty-five days after the original judgment was signed.  Accordingly, the July 27, 2006, and August 25, 2006, orders are void.  Id.  The trial court=s final order entered while it retained plenary power was that of July 17, 2006, granting the motion for new trial.         

Accordingly, the record before this court contains no appealable order.  On September 28, 2006, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a).  Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 2, 2006.

Panel consists of Justices Fowler, Edelman, and Frost.