Phillip Puente v. Richard Stuart

• Court: Court of Appeals of Texas
• Decided: September 4, 2025
• Docket: 02-25-00341-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-25-00341-CV ___________________________

PHILLIP PUENTE, Appellant

V.

RICHARD STUART, Appellee

On Appeal from the 141st District Court Tarrant County, Texas Trial Court No. 141-353047-24

Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

Appellant filed a timely notice of appeal from the trial court’s June 27, 2025

judgment. Appellant also filed a motion for new trial. The trial court granted

appellant’s motion for new trial on August 13, 2025, while the court still had plenary

jurisdiction. See Tex. R. Civ. P. 329b(a), (e).

On August 13, 2025, we informed the parties that the trial court’s new-trial

order rendered this appeal moot, depriving us of jurisdiction, and that the appeal

would be dismissed unless, on or before August 25, 2025, any party desiring to

continue the appeal filed a response showing grounds to continue it. No party filed a

response.

Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P.

42.3(a), 43.2(f). Appellant must pay all costs of this appeal. See Tex. R. App. P. 43.4.

Per Curiam

Delivered: September 4, 2025