NUMBER 13-01-391-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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ALBERTO GONZALEZ, JR., INDIVIDUALLY AND D/B/A METROPOLIS , Appellant,

v.

MIGUEL GONZALEZ, Appellee.

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On appeal from the 92nd District Court

of Hidalgo County, Texas

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O P I N I O N

Before Justices Dorsey, Yañez, and Castillo

Opinion Per Curiam

Appellant, ALBERTO GONZALEZ, JR., INDIVIDUALLY AND D/B/A METROPOLIS , attempted to perfect an appeal from a judgment entered by the 92nd District Court of Hidalgo County, Texas. The judgment from which this appeal is attempted was signed on February 21, 2001, and on March 20, 2001, appellant filed a timely motion for new trial. On June 6, 2001 , the trial court granted appellant's motion for new trial. Appellant has filed a conditional motion to dismiss the appeal, requested that the dismissal of the appeal be conditioned upon this Court's finding that the trial court possessed jurisdiction to grant a new trial.

The Court, having examined and fully considered the documents on file, the trial court's order granting a new trial, and appellant's conditional motion to dismiss the appeal, is of the opinion that the trial court possessed plenary power to grant a new trial and that the appeal should be dismissed for want of jurisdiction. Appellant's motion and the appeal are hereby DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 12^th day of July, 2001 .