In the Interest of C.C.A., a Child v. the State of Texas

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-23-00325-CV

IN THE INTEREST OF C.C.A., A CHILD

From the County Court at Law Coryell County, Texas

Trial Court No. CCL-22-53958

MEMORANDUM OPINION

Appellant appeals from the trial court’s order in a suit affecting the parent-child relationship, signed on September 18, 2023. Because the trial court has granted Appellant’s motion for new trial, we dismiss this appeal for want of jurisdiction.

We have jurisdiction to hear an appeal only from a final judgment or from an interlocutory order made immediately appealable by statute. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.012; Stary v. DeBord, 967 S.W.2d 352, 352–53 (Tex. 1998) (per curiam). Granting a new trial has the legal effect of vacating the original judgment and returning the case to the trial docket as though there had been no previous trial or hearing. Markowitz v. Markowitz, 118 S.W.3d 82, 88 (Tex. App.—Houston [14th Dist.] 2003, pet. denied). Thus, an order granting a new trial deprives an appellate court of jurisdiction over an appeal. In re O.C., No. 07-23-00136-CV, 2023 WL 3819195, at *1 (Tex. App.— Amarillo June 5, 2023, no pet.) (mem. op.) (per curiam).

By letter dated November 16, 2023, the Clerk of this Court notified the parties that this appeal was subject to dismissal because it appeared that there was no final judgment. The Clerk of the Court notified the parties that the Court may dismiss this appeal unless, within fourteen days of the date of the letter, a response was filed showing grounds for continuing the appeal.

No response has been received. Accordingly, this appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

MATT JOHNSON

Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed December 21, 2023 [CV06]

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