Court of Civil Appeals of Texas, 2019

in the Interest of H.M.T., a Child

in the Interest of H.M.T., a Child
Court of Civil Appeals of Texas · Decided August 13, 2019

in the Interest of H.M.T., a Child

Opinion

Motion Granted, Appeal Dismissed, and Memorandum Opinion filed August 13, 2019.

In The Fourteenth Court of Appeals NO. 14-19-00511-CV IN THE INTEREST OF H.M.T., A CHILD On Appeal from the 311th District Court Harris County, Texas Trial Court Cause No. 2017-34839-A MEMORANDUM OPINION This is an appeal from a final order of termination signed June 5, 2019. On July 30, 2019, appellant, A.T., filed a motion to dismiss the appeal because the trial court had granted his motion for new trial. The order granting a new trial is attached to his motion.

“Granting a new trial has the legal effect of vacating the original judgment and returning the case to the trial docket as though there had been no previous trial or hearing.” In re E.C., 431 S.W.3d 812, 815–16 (Tex. App.—Houston [14th Dist.]

2014, orig. proceeding [mand. denied]). Therefore, there is no appealable final order, and we lack jurisdiction to consider this appeal. See Tex. R. App. P. 25.1(b).

The motion is granted, and the appeal is dismissed.

PER CURIAM Panel consists of Justices Christopher, Spain, and Poissant.

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