in the Matter of A.M.

• Court: Court of Appeals of Texas
• Decided: March 13, 2003
• Docket: 03-02-00797-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

---

NO. 03-02-00797-CV

---

In the Matter of A.M.

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 395TH JUDICIAL DISTRICT

NO. 01-303-J395, HONORABLE KEN ANDERSON, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant filed a notice of appeal in this cause. However, this Court has now been notified that appellant's motion for new trial has been granted. The effect of the grant of a motion for new trial is to set aside all proceedings and reinstate the cause on the docket as if it had not been tried. See City of Dallas v. Ormsby, 904 S.W.2d 707, 712-13 (Tex. App.--Amarillo 1995, writ denied); State Dep't of Highways and Pub. Transp. v. Ross, 718 S.W.2d 5, 11 (Tex. App.--Tyler 1986, orig. proceeding). Accordingly, there is no longer a final judgment from which an appeal may be pursued. In the absence of a final judgment, this Court lacks jurisdiction. North E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). Accordingly, we dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a).

__________________________________________

W. Kenneth Law, Chief Justice

Before Chief Justice Law, Justices B. A. Smith and Puryear

Dismissed for Want of Jurisdiction

Filed: March 13, 2003