TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-20-00586-CV

R. S., Appellant v. Texas Department of Family and Protective Services, Appellee

FROM THE 146TH DISTRICT COURT OF BELL COUNTY NO. 307,794-B, THE HONORABLE ALAN MAYFIELD, JUDGE PRESIDING

MEMORANDUM OPINION

After the trial court issued an order terminating her parental rights, R.S. filed a notice of appeal and a motion for new trial. See Tex. Fam. Code § 161.001. The record reflects that the trial court granted the motion for new trial on February 11, 2021. Because “[g]ranting a new trial restores the case to its position before the former trial,” this appeal was rendered moot by the trial court’s order. See Tex. R. App. P. 21.9(b); Saunders v. Saunders, No. 03-14-00807- CV, 2015 WL 2183529, at *1 (Tex. App.—Austin May 8, 2015, no pet.) (mem. op.).

Accordingly, we dismiss the appeal. See Tex. R. App. P. 43.2(f).

__________________________________________ Thomas J. Baker, Justice Before Chief Justice Byrne, Justices Baker and Smith Dismissed Filed: March 4, 2021