in the Interest of A.J.H., Child v. Department of Family and Protective Services

Opinion

Opinion issued June 12, 2018

In The

Court of Appeals

For The

First District of Texas

When the trial court grants a motion for new trial, it returns the case to its

position before trial and renders the appeal moot. See TEX. R. APP. P. 21.9(b);

Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005). Because

the trial court granted D.G.’s motion for new trial, his appeal of the trial court’s

decree is moot.

Accordingly, we grant the motion and dismiss D.G.’s appeal. See TEX. R.

APP. P. 42.1(a), 43.2(f). The appeal of E.H. remains pending.

PER CURIAM

Panel consists of Justices Higley, Brown, and Caughey.

Footnotes

1. NO. 01-18-00245-CV ——————————— IN THE INTEREST OF A.J.H., CHILD, Appellant On Appeal from the 314th District Court Harris County, Texas Trial Court Case No. 2017-00233J ORDER D.G. and E.H. appeal from a decree of termination of parental rights signed on March 8, 2018. On May 31, 2018, appellant D.G. advised this court that the trial court had granted his motion for new trial. D.G. filed an unopposed motion to dismiss his appeal as moot.