TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00797-CV

In the Matter of A.M.

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 395TH JUDICIAL DISTRICT NO. 01-303-J395, HONORABLE KEN ANDERSON, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant filed a notice of appeal in this cause. However, this Court has now been notified that appellant=s motion for new trial has been granted. The effect of the grant of a motion for new trial is to set aside all proceedings and reinstate the cause on the docket as if it had not been tried. See City of Dallas v. Ormsby, 904 S.W.2d 707, 712-13 (Tex. App.CAmarillo 1995, writ denied); State Dep=t of Highways and Pub. Transp. v. Ross, 718 S.W.2d 5, 11 (Tex. App.CTyler 1986, orig. proceeding).

Accordingly, there is no longer a final judgment from which an appeal may be pursued. In the absence of a final judgment, this Court lacks jurisdiction. North E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). Accordingly, we dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a).

__________________________________________ W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices B. A. Smith and Puryear Dismissed for Want of Jurisdiction Filed: March 13, 2003