in the Interest of D.M., Children

Opinion

Dismiss and Opinion Filed July 5, 2016

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00387-CV

IN THE INTEREST OF D.M. AND D.M., CHILDREN

On Appeal from the 304th Judicial District Court Dallas County, Texas Trial Court Cause No. 15-00317

MEMORANDUM OPINION Before Justices Myers, Stoddart, and Whitehill Opinion by Justice Whitehill

Since the filing of this appeal, the trial court has granted a new trial. As we informed the

parties by order entered June 28, 2016, an order granting a new trial deprives an appellate court

of jurisdiction over the appeal. See Yan v. Jiang, 241 S.W.3d 930, 930 (Tex. App.—Dallas

2008, no pet.). Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a); Yan, 214

S.W.3d at 930.

/Bill Whitehill/ BILL WHITEHILL JUSTICE 160387F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF D.M. AND D.M., On Appeal from the 304th Judicial District CHILDREN Court, Dallas County, Texas Trial Court Cause No. 15-00317. No. 05-16-00387-CV Opinion delivered by Justice Whitehill. Justices Myers and Stoddart participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered this day of July 5, 2016.

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