Dismissed and Memorandum Opinion filed September 24, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00542-CV

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GARY GIDDINGS, Appellant

V.

FIA CARD SERVICES, N.A. FKA MBNA AMERICA BANK, Appellee

On Appeal from the 152nd District Court

Harris County, Texas

MEMORANDUM OPINION

            This is an appeal from a default judgment signed April 8, 2009.  On August 21, 2009, the parties filed a supplemental clerk’s record containing an order signed June 19, 2009, granting appellant’s motion for new trial.  Because the April 8, 2009 judgment is no longer a final judgment, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a).

            Accordingly, the appeal is ordered dismissed.

                                                                                    PER CURIAM

Panel consists of Justices Yates, Frost, and Brown.