James P. Kirk II, d/b/a Color Genesis v. Changing Surface, Inc.; Ernest Crum--Appeal from 45th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00539-CV
James P. KIRK II d/b/a Color Genesis,
Appellant
v.
CHANGING SURFACE, INC.,
Appellee
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CI-16982
Honorable Janet Littlejohn, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: September 24, 2003

DISMISSED FOR WANT OF JURISDICTION

Appellant filed a notice of appeal from a judgment for which the trial court timely granted a new trial. In response to our order to show cause, appellant concedes this court lacks jurisdiction because when the trial court grants a motion for new trial, the cause is reinstated on the court's docket as if no trial had been had and no judgment rendered. See City of San Antonio v. Dickman, 34 Tex. 647, 650 (1871). In the absence of a final judgment, we lack jurisdiction over the appeal. See City of Beaumont v. Guillory, 751 S.W.2d 491, 492 (Tex. 1988).

The appeal is dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a). Costs of the appeal are assessed against appellant.

PER CURIAM

Herb Schaefer, Clerk