Tommie Allen Ringo v. State

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00022-CV NO. 09-14-00023-CV NO. 09-14-00024-CV NO. 09-14-00025-CV NO. 09-14-00026-CV ____________________

TOMMIE ALLEN RINGO, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 1A District Court Jasper County, Texas Trial Cause Nos. 33435, 33436, 33438, 33439 and 33442 ________________________________________________________ _____________

MEMORANDUM OPINION

The Texas Department of Public Safety (“DPS”) filed a motion to dismiss

Tommie Allen Ringo’s appeals of five orders granting expunction. Ringo did not

respond to the motion. We grant the motion and dismiss the appeals.

The trial court signed the expunction orders on September 27, 2013. In each

of the five cases, DPS filed a motion for new trial on October 23, 2013, and the

1 trial court signed an order granting the motion for new trial before the motion for

new trial was overruled by operation of law. The trial court granted the motion for

new trial while the court maintained its plenary jurisdiction over the cases. See

Tex. R. Civ. P. 329b(e). An order granting a motion for new trial is not a final

appealable order. Fruehauf Corp. v. Carrillo, 848 S.W.2d 83, 84 (Tex. 1993). This

Court lacks jurisdiction to hear the appeals because the notices of appeal seek a

review of vacated judgments which are not final and appealable orders. See Tex.

Civ. Prac. & Rem. Code Ann. § 51.012 (West Supp. 2013) (A person may appeal

from a final judgment.). Accordingly, the appeals are dismissed. Tex. R. App. P.

43.2(f).

APPEALS DISMISSED.

________________________________ LEANNE JOHNSON Justice

Opinion Delivered March 20, 2014

Before Kreger, Horton, and Johnson, JJ.