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

• Court: Court of Appeals of Texas
• Decided: June 5, 2023
• Docket: 07-23-00136-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00136-CV

IN THE INTEREST OF O.C., A CHILD

On Appeal from the County Court at Law No. 2 Lubbock County, Texas Trial Court No. DC-2022-FM-1204, Honorable Kara L. Darnell, Presiding

June 5, 2023 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Mother, appeals from the trial court’s order terminating her parental

rights to her child, O.C.1 Because the trial court has granted Mother’s motion for new

trial, we dismiss the appeal for want of jurisdiction.

We have jurisdiction to hear an appeal from a final judgment or from an

interlocutory order made immediately appealable by statute. See Lehmann v. Har-Con

Corp., 39 S.W.3d 191, 195 (Tex. 2001); Stary v. DeBord, 967 S.W.2d 352, 352–53 (Tex.

1998) (per curiam). When a trial court grants a motion for new trial, the court’s original

1 To protect the privacy of the parties involved, we will refer to Appellant as “Mother” and to the child by his initials. See TEX. FAM. CODE ANN. § 109.002(d); TEX. R. APP. P. 9.8(b). judgment or order is vacated and the case proceeds as if there had been no trial.

Markowitz v. Markowitz, 118 S.W.3d 82, 88 (Tex. App.—Houston [14th Dist.] 2003, pet.

denied) (op. on reh’g). Thus, an order granting a new trial deprives an appellate court of

jurisdiction over an appeal. In re K.F., No. 07-08-00102-CV, 2008 Tex. App. LEXIS 2068,

at *2 (Tex. App.—Amarillo Mar. 19, 2008, no pet.) (mem. op.) (citing Boris v. Boris, 642

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

The trial court signed the Final Order of Termination of Parental Rights on March

24, 2023. Thereafter, Mother timely filed a motion for new trial. Within its plenary power,

the trial court signed an Order Granting Respondent Mother’s Motion for New Trial and

Setting Hearing. Thus, by letter of May 11, 2023, we notified Mother that it did not appear

we had jurisdiction over the appeal. We directed her to show grounds for continuing the

appeal by May 22, or we would dismiss the appeal for want of jurisdiction. Mother has

not responded to our letter to date.

Because there is no final judgment or appealable order, we dismiss the appeal for

want of jurisdiction. See TEX. R. APP. P. 42.3(a).

Per Curiam