E.I. du Pont de Nemours and Company v. Quirk Land and Cattle Company d/b/a Roseta Farms; Curtis Hallard and Bobby Lattner d/b/a H & L Farms; and Tim Leonard, Individually and d/b/a Tim Leonard Pecan Farm--Appeal from 365th Judicial District Court of Maverick County

No. 04-00-00590-CV

E.I. DU PONT DE NEMOURS AND COMPANY,
Appellant
v.
QUIRK LAND AND CATTLE COMPANY d/b/a Roseta Farms,

Curtis Hallard and Bobby Lattner d/b/a H & L Farm,

and Tim Leonard, Individually and d/b/a Tim Leonard Pecan Farm,

Appellees
From the 365th Judicial District Court, Maverick County, Texas
Trial Court No. 97-04-14439-CV-A
Honorable Amado Abascal, III, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: October 11, 2000

APPEAL DISMISSED FOR LACK OF JURISDICTION

On September 1, 2000, the appellant, E.I. du Pont De Nemours and Company, filed its notice of appeal, seeking to challenge the trial court's judgment that was signed on June 9, 2000. The appellant also filed a motion for new trial on July 7, 2000. Since the appellant filed its notice of appeal, the trial court granted the appellant's motion for new trial. Because the granting of a motion for new trial is an unappealable, interlocutory order, the judgment that is the subject of this appeal is no longer final and appealable. See Fruehauf Corp. v. Carrillo, 848 S.W.2d 83, 84 (Tex. 1993); Ambrose v. Mack, 800 S.W.2d 380, 383 (Tex. App.-Corpus Christi 1990, pet. denied) (stating that trial court's judgment is not final where future trial court action is necessary to settle and determine the entire controversy). As a result, this court lacks jurisdiction over this appeal. Accordingly, the appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH