Michael Evangelista-Ysasaga v. Lewis Charles Graves

• Court: Court of Appeals of Texas
• Decided: August 29, 2024
• Docket: 14-24-00356-CV
• Status: Published

Opinion

Motion to dismiss granted, Appeal dismissed, and Memorandum Opinion filed August 29, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00356-CV

MICHAEL EVANGELISTA-YSASAGA, Appellant

V.

LEWIS CHARLES GRAVES, Appellee

On Appeal from the 113th District Court Harris County, Texas Trial Court Cause No. 2021-71584

MEMORANDUM OPINION

This is an appeal from the trial court’s judgment signed February 8, 2024. On July 25, 2024, appellee filed a motion to dismiss the appeal for want of jurisdiction. The motion focuses on the trial court’s order signed May 7, 2024 which vacated the trial court’s February 8, 2024 order. The vacating of the trial court’s judgment means that it is not final, thus this court lacks jurisdiction to consider the appeal from it. See Cameron v. Striker Infusion Servs., LLC, No. 14-23-00921-CV, 2024 WL 2002764, at *1 (Tex. App.—Houston [14th Dist.] May 7, 2024, no pet.) (per curiam) (mem. op.); Thomas v. Arrow Fin. Servs., LLC, No. 09-09-00160-CV, 2010 WL 668783, at *1 (Tex. App.—Beaumont Feb. 25, 2010, no pet.) (mem. op.).

Accordingly, we grant appellee’s motion and dismiss the appeal for want of jurisdiction.

PER CURIAM

Panel consists of Justices Spain, Poissant, and Wilson.