in the Interest of Brittny Felix a Minor Child

CourtCourt of Appeals of Texas
DecidedSeptember 24, 2002
Docket07-02-00381-CV
StatusPublished

This text of in the Interest of Brittny Felix a Minor Child (in the Interest of Brittny Felix a Minor Child) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
in the Interest of Brittny Felix a Minor Child, (Tex. Ct. App. 2002).

Opinion

NO. 07-02-0381-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

SEPTEMBER 24, 2002

______________________________

IN THE INTEREST OF BRITNNY FELIX, A CHILD,

_________________________________

FROM THE 223RD DISTRICT COURT OF GRAY COUNTY;

NO. 32,414; HONORABLE LEE WATERS, JUDGE

_______________________________

Before QUINN and REAVIS, JJ.  and BOYD, S.J. (footnote: -6)

DISMISSAL

Appellant Rafael Felix, Jr. perfected his accelerated appeal from the trial court’s order terminating his parental rights.  On September 18, 2002, the trial court signed an order granting appellant a new trial and sustaining his claim of indigence.  An order granting a new trial vacates the original judgment appealed from and returns the case to the trial court as if no previous trial or hearing had been conducted.   See Old Republic Ins. Co. v. Scott, 846 S.W.2d 832, 833 (Tex. 1993); Long John Silver’s, Inc. v. Martinez, 850 S.W.2d 773, 777 (Tex.App.–San Antonio 1993, writ dism’d w.o.j.).  Thus, there is no final judgment from which an appeal may be prosecuted.  

Accordingly, the appeal is dismissed for want of jurisdiction.

Don H. Reavis

   Justice

Do not publish.

FOOTNOTES

-6:

*John T.  Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment .

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Related

Old Republic Insurance Co. v. Scott
846 S.W.2d 832 (Texas Supreme Court, 1993)
Long John Silver's Inc. v. Martinez
850 S.W.2d 773 (Court of Appeals of Texas, 1993)

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