On September 7, 2006, we informed the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. The appellant filed a response but established neither finality of judgment nor timeliness of notice of appeal.

The notice of appeal does not identify the date the trial court signed its judgment. Assuming the motion for new trial was timely filed, the granting of the motion for new trial on July 18, 2006, set aside the judgment. We have not been notified of the signing of a new judgment. The appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED FOR LACK OF JURISDICTION.

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HOLLIS HORTON

Justice

Opinion Delivered October 5, 2006

Before McKeithen, C.J., Kreger and Horton, JJ.