in the Interest of L.S.S., A/K/A L.S.G., a Child v. Texas Department of Family and Protective Services

Court of Appeals of Texas·Decided April 5, 2022·No. 14-22-00006-CV·Published

Opinion

Appeal Dismissed and Memorandum Opinion filed April 5, 2022.

In The

Fourteenth Court of Appeals

NO. 14-22-00006-CV

IN THE INTEREST OF L.S.S., A/K/A L.S.G., A CHILD

On Appeal from the 314th District Court Harris County, Texas Trial Court Cause No. 2020-00921J

MEMORANDUM OPINION

This is an accelerated appeal from a judgment terminating parental rights signed December 15, 2021. The appellate record reflects that on March 2, 2022, the trial court granted appellant’s motion for a new trial and accordingly ordered a new trial. This effectively undid the earlier judgment and left nothing for this court to review in the current appeal. Cf. Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005) (“[T]he trial court wiped the slate clean when it granted [the appellant’s] motion for new trial; it is as though the court’s first order granting summary judgment never existed . . . .”).

This court issued a dismissal letter instructing appellant to demonstrate this court retained jurisdiction over the appeal despite the trial court’s grant of a new trial. Appellant filed no response. Therefore, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3.

Panel consists of Justices Wise, Poissant, and Wilson.

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in the Interest of L.S.S., A/K/A L.S.G., a Child v. Texas Department of Family and Protective Services, (Tex. Ct. App. 2022).

in the Interest of L.S.S., A/K/A L.S.G., a Child v. Texas Department of Family and Protective Services (in the Interest of L.S.S., A/K/A L.S.G., a Child v. Texas Department of Family and Protective Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Wilkins v. Methodist Health Care System
160 S.W.3d 559 (Texas Supreme Court, 2005)