in the Interest of H.M.T., a Child

Court of Appeals of Texas·Decided August 13, 2019·No. 14-19-00511-CV·Published

Opinion

Motion Granted, Appeal Dismissed, and Memorandum Opinion filed August 13, 2019.

In The

Fourteenth Court of Appeals

NO. 14-19-00511-CV

IN THE INTEREST OF H.M.T., A CHILD

On Appeal from the 311th District Court Harris County, Texas Trial Court Cause No. 2017-34839-A

MEMORANDUM OPINION This is an appeal from a final order of termination signed June 5, 2019. On July 30, 2019, appellant, A.T., filed a motion to dismiss the appeal because the trial court had granted his motion for new trial. The order granting a new trial is attached to his motion.

“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.” In re E.C., 431 S.W.3d 812, 815–16 (Tex. App.—Houston [14th Dist.] 2014, orig. proceeding [mand. denied]). Therefore, there is no appealable final order, and we lack jurisdiction to consider this appeal. See Tex. R. App. P. 25.1(b).

The motion is granted, and the appeal is dismissed.

PER CURIAM

Panel consists of Justices Christopher, Spain, and Poissant.

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Related

In Re E.C.
431 S.W.3d 812 (Court of Appeals of Texas, 2014)