Rick Finkelstein Entertainment Factory, LLC Death House Movie, LLC Entertainment Factory Music, LLC And Entertainment Factory Studios, LLC v. Jerry Hawrylak

In the

Court of Appeals

Second Appellate District of Texas at Fort Worth ___________________________

No. 02-21-00229-CV ___________________________

RICK FINKELSTEIN; ENTERTAINMENT FACTORY, LLC; DEATH HOUSE

MOVIE, LLC; ENTERTAINMENT FACTORY MUSIC, LLC; AND

ENTERTAINMENT FACTORY STUDIOS, LLC, Appellants

V.

JERRY HAWRYLAK, Appellee

On Appeal from the 67th District Court

Tarrant County, Texas

Trial Court No. 067-322945-21

Before Sudderth, C.J.; Kerr and Birdwell, JJ.

Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

After Appellants perfected their appeal, the trial court vacated the default judgment and granted a new trial. See Tex. R. App. P. 329b. Appellants subsequently filed an unopposed motion to dismiss the appeal. Because there is no longer a final judgment, and because the trial court granted a new trial, we grant Appellants’ motion and dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.1(a)(1), 43.2(f).

The parties shall bear their own costs. See Tex. R. App. P. 42.1(d), 43.4.

Per Curiam Delivered: August 26, 2021