Rick Finkelstein Entertainment Factory, LLC Death House Movie, LLC Entertainment Factory Music, LLC And Entertainment Factory Studios, LLC v. Jerry Hawrylak

• Court: Court of Appeals of Texas
• Decided: August 26, 2021
• Docket: 02-21-00229-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-21-00229-CV ___________________________

RICK FINKELSTEIN; ENTERTAINMENT FACTORY, LLC; DEATH HOUSE MOVIE, LLC; ENTERTAINMENT FACTORY MUSIC, LLC; AND ENTERTAINMENT FACTORY STUDIOS, LLC, Appellants

V.

JERRY HAWRYLAK, Appellee

On Appeal from the 67th District Court Tarrant County, Texas Trial Court No. 067-322945-21

Before Sudderth, C.J.; Kerr and Birdwell, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

After Appellants perfected their appeal, the trial court vacated the default

judgment and granted a new trial. See Tex. R. App. P. 329b. Appellants subsequently

filed an unopposed motion to dismiss the appeal. Because there is no longer a final

judgment, and because the trial court granted a new trial, we grant Appellants’ motion

and dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.1(a)(1), 43.2(f).

The parties shall bear their own costs. See Tex. R. App. P. 42.1(d), 43.4.

Per Curiam

Delivered: August 26, 2021