Alexander, Charles J. v. Peter Okoroha, Individually and as parent of Ikenna Okoroha, Stephanie Okoroha and Chase Okoroha--Appeal from Co Civil Ct at Law No 4 of Harris County

Dismissed and Opinion filed November 27, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-01124-CV

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CHARLES J. ALEXANDER, Appellant

V.

PETER OKOROHA, Individually and as Parent of IKENNA OKOROHA, STEPHANIE OKOROHA, and CHASE OKOROHA, Appellees

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 760,145

M E M O R A N D U M O P I N I O N

This is an attempted appeal from an order, signed September 4, 2002, granting defendant=s motion for new trial and awarding defendant $1,200 in attorney=s fees.

A trial court has plenary power over its judgment until it becomes final. Fruehauf Corp. v. Carrillo, 848 S.W.2d 83, 84 (Tex. 1993). The trial court also retains continuing control over interlocutory orders and has the power to set those orders aside any time before a final judgment is entered. Id. An order granting a new trial is an unappealable, interlocutory order. Id.

On November 6, 2002, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellant=s response fails to demonstrate that this Court has jurisdiction to entertain the appeal.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed November 27, 2002.

Panel consists of Justices Edelman, Seymore, and Guzman.

Do Not Publish C Tex. R. App. P. 47.3(b).