Tonia Yvonne Scurry v. Floyd David Scurry

• Court: Court of Appeals of Texas
• Decided: May 22, 2008
• Docket: 14-08-00161-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 22, 2008

Dismissed and Memorandum Opinion filed May 22, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00161-CV

TONIA YVONNE SCURRY, Appellant

V.

FLOYD DAVID SCURRY, Appellee

On Appeal from the 164th District Court

Harris County, Texas

Trial Court Cause No. 2007-30189

M E M O R A N D U M   O P I N I O N

This  is an appeal from a judgment signed December 3, 2007. 

The court was advised that the trial judge granted appellant=s motion for new trial by order signed March 10, 2008.  On April 28, 2008, this court issued a letter to the parties, advising them that the court would dismiss the appeal for lack of jurisdiction unless a response was filed on or before May 8, 2008 demonstrating that this court has jurisdiction over the appeal.  No response was received.  Because a motion for new trial has been granted, there is no longer a final, appealable judgment and this court has no jurisdiction.  

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 22, 2008.

Panel consists of Justices Yates, Anderson, and Brown.