Court of Civil Appeals of Texas, 2000

James Nelson Ott v. Sara Lyn Files

James Nelson Ott v. Sara Lyn Files
Court of Civil Appeals of Texas · Decided November 9, 2000

James Nelson Ott v. Sara Lyn Files

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN





NO. 03-00-00612-CV


James Nelson Ott, Appellant


v.


Sara Lyn Files, Appellee





FROM THE COUNTY COURT AT LAW OF BASTROP COUNTY

NO. 99-5759, HONORABLE H.R. TOWSLEE, JUDGE PRESIDING


PER CURIAM

After a review of the clerk's record indicated that appellant was appealing from the granting of a new trial pursuant to a bill of review, this Court's clerk inquired of the parties regarding the basis for jurisdiction. The granting of the new trial means that there is no final judgment. The granting of a bill of review is not among the appealable interlocutory decisions. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (West Supp. 2000). Nor is review by petition for writ of mandamus available. See In re Moreno, 4 S.W.3d 278, 281 (Tex. App.--Houston [14th Dist.] 1999, orig. proceeding). An appeal of the granting of the new trial by bill of review is normally available only after rendition of a final judgment. See id. The parties did not respond to this Court clerk's request for an explanation of this Court's jurisdiction despite a caution that, without such explanation, the appeal could be dismissed.

Accordingly, we dismiss this appeal for want of jurisdiction.

Before Justices Jones, Kidd, and Yeakel

Dismissed for Want of Jurisdiction

Filed: November 9, 2000

Do Not Publish

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