Geneva Chatman v. Muhammad Nazim

• Court: Court of Appeals of Texas
• Decided: August 29, 2024
• Docket: 01-24-00445-CV
• Status: Published

Opinion

Opinion issued August 29, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00445-CR ——————————— GENEVA CHATMAN, Appellant V. MUHAMMAD NAZIM, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1227874

MEMORANDUM OPINION

Appellant Geneva Chatman attempts to appeal a judgment signed on June 4,

2024. On July 1, 2024, the trial court granted appellant’s motion for new trial.

Generally, appeals may be taken only from final judgments. Lehmann v. Har-

Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When a motion for new trial is granted, the case is reinstated upon the docket of the trial court and will stand for trial the

same as though no trial had been had. Wilkins v. Methodist Health Care Sys., 160

S.W.3d 559, 563 (Tex. 2005). Thus, when the trial court grants a motion for new

trial, the trial court “essentially wipes the slate clean and starts over.” Id. Here, the

trial court granted appellant’s motion for new trial within the period of its plenary

power. See TEX. R. CIV. P. 329b(d), (e); Thomas v. Oldham, 895 S.W.2d 352, 356

(Tex. 1995). Therefore, the issues presented in this appeal are rendered moot and

this Court lacks appellate jurisdiction.

On August 15, 2024, the Clerk of this Court issued a Notice that this Court

might dismiss this appeal for want of jurisdiction unless appellant filed a response

within 10 days of the Notice explaining how this Court had jurisdiction over this

appeal. Appellant did not adequately respond to the Notice.

Accordingly, we dismiss the appeal for want of jurisdiction. We dismiss any

pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Hightower and Countiss.