TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-14-00807-CV

Paul Robert Saunders, Appellant v. Christi Antilley Saunders, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT NO. D-1-FM-14-004475, HONORABLE ORLINDA NARANJO, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant filed a notice of appeal on December 23, 2014. However, the record reflects that the district court subsequently granted a motion for new trial. “Granting a new trial restores the case to its position before the former trial . . . .” See Tex. R. App. P. 21.9(b). Because there is no longer a final judgment from which an appeal may be pursued, this Court lacks jurisdiction over this appeal. See Tex. Civ. Prac. & Rem. Code §§ 51.012, .014; Lemann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3(f).

__________________________________________ Scott K. Field, Justice Before Chief Justice Rose, Justices Goodwin and Field Dismissed for Want of Jurisdiction Filed: May 8, 2015