John J. Fietsam And John J. Fietsam, Individually and Dba John J. Fietsam, Inc. and Dba Texbutane Co. v. Lennard Sidney

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00183-CV

John J. Fietsam; and John J. Fietsam, Idividually and dba John J. Fietsam, Inc. and dba Texbutane Co., Appellants v.

Lennard Sidney , Appellee

FROM THE DISTRICT COURT OF FAYETTE COUNTY, 155TH JUDICIAL DISTRICT NO. 2001V-231, HONORABLE DANIEL R. BECK, JUDGE PRESIDING

The district court rendered judgment in this cause on January 30, 2002. Appellants filed a notice of appeal in the district court March 4. However, on February 28 appellants had timely filed a motion for new trial or alternatively a motion for rehearing. See Tex. R. Civ. P. 329b(a). On May 13, the clerk of this Court received notice that the district court had vacated its prior judgment and granted the motion for rehearing.1 See Tex. R. Civ. P. 329b(c), (d). As a result, there is no final judgment before this Court.

Accordingly, we dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a).

Lee Yeakel, Justice

Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel

Dismissed for Want of Jurisdiction

Filed: May 31, 2002

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