in the Interest of J.R.B., a Child

• Court: Court of Appeals of Texas
• Decided: July 18, 2014
• Docket: 06-14-00019-CV
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-14-00019-CV

IN THE INTEREST OF J.R.B., A CHILD

On Appeal from the 196th District Court Hunt County, Texas Trial Court No. 71,972

Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION William Craig Burney appeals from a final contempt order stemming from his apparent

failure to pay child support. The order appealed from was signed February 20, 2014, and Burney

timely filed both a motion for new trial and a notice of appeal on March 10, 2014. See TEX. R.

CIV. P. 329b(a); TEX. R. APP. P. 26.1. The clerk’s record filed in this matter reflects that the trial

court granted Burney’s motion for new trial on May 6, 2014.

By letter, we notified Burney that it appeared we lacked jurisdiction over the appeal

because of the trial court’s grant of a new trial. We afforded Burney fifteen days to demonstrate

proper grounds for our retention of the appeal. Having received no response, we sua sponte

consider our jurisdiction over the appeal.

This Court has jurisdiction to decide appeals from final judgments and from interlocutory

orders as permitted by the Texas Legislature. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195

(Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex. App.—El Paso 1997, no writ). A trial

court’s grant of a new trial deprives an appellate court of jurisdiction over the appeal. Boris v.

Boris, 642 S.W.2d 855, 856 (Tex. App.—Fort Worth 1982, no writ).

2 The trial court’s timely grant of Burney’s motion for a new trial deprived this Court of

jurisdiction over this appeal. Therefore, we dismiss the appeal for want of jurisdiction. See TEX.

R. APP. P. 42.3(a), 43.2(f).

Jack Carter Justice

Date Submitted: July 17, 2014 Date Decided: July 18, 2014