Cesar F. Villa v. Maria Teresa Renteria

• Court: Texas Court of Appeals, 8th District (El Paso)
• Decided: June 22, 2026
• Docket: 08-25-00077-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ————————————

No. 08-25-00077-CV ————————————

Cesar F. Villa, Appellant

v.

Maria Teresa Renteria, Appellee

On Appeal from the 388th District Court El Paso County, Texas Trial Court No. 2023DCM0945

M E MO RA N D UM O PI NI O N

Appellant Cesar F. Villa filed this appeal of a judgment for divorce. After a review of the

record, we determine that we do not have jurisdiction and dismiss the appeal.

After the trial court announced its ruling but before the entry of the final judgment, Villa

filed a petition to reconsider and clarify the final order. The trial court signed the final decree of

divorce on March 6, 2025 and Villa filed his notice of appeal the following day. On March 26, 2025, within its plenary power, the trial court signed an order granting partial new trial. Tex. R.

App. P. 329b(d) (“The trial court, regardless of whether an appeal has been perfected, has plenary

power to grant a new trial or to vacate, modify, correct, or reform the judgment within thirty days

after the judgment is signed.”). “[W]hen the trial court grants a motion for new trial, the court

essentially wipes the slate clean and starts over.” Wilkins v. Methodist Health Care Sys., 160

S.W.3d 559, 563 (Tex. 2005). In absence of a statute permitting interlocutory appeal, a severance

order, or other order disposing of all claims of all parties, we lack jurisdiction over the appeal. See

Sabre Travel Int’l, Ltd. v. Deutsche Lufthansa AG, 567 S.W.3d 725, 730 (Tex. 2019) (appellate

courts generally have jurisdiction when there is a final judgment unless a statutory exception

allowing interlocutory appeals applies).

We sent notice to Villa and requested that he show a basis for this court’s jurisdiction. Villa

did not respond to our request. 1 Because the order granting a new trial vacated the final judgment,

there is no final appealable order. We dismiss this appeal for want of jurisdiction. All pending

motions are dismissed as moot.

MARIA SALAS MENDOZA, Chief Justice

June 22, 2026

Before Salas Mendoza, C.J., Palafox and Soto, JJ.

1 Villa did, however, file a motion to dismiss the appeal on the grounds that the parties have reached an agreement resolving the case. When parties to an appeal have reached an agreement, we either render judgment effectuating the agreement, set the trial court judgment aside and remand the case for rendition of judgment, or abate the appeal. Tex. R. App. P. 42.1(a)(2). Because we hold that we lack jurisdiction, we can take none of these actions.