Sterling Paul Kelone v. Patricia Boothe--Appeal from 75th District Court of Liberty County
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In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-09-00193-CV
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STERLING PAUL KELONE, Appellant/Cross-Appellee
V.
PATRICIA BOOTHE, Appellee/Cross-Appellant
On Appeal from the 75th District Court
Liberty County, Texas
Trial Cause No. CV 69,022
MEMORANDUM OPINION
On May 4, 2009, Sterling Paul Kelone filed notice of appeal of a judgment signed on
March 5, 2009. On May 8, 2009, Patricia Boothe filed notice of appeal from the same
judgment. A motion for new trial was filed on March 12, 2009. The trial court granted a
motion for new trial while the trial court maintained plenary power over the case. See T EX.
R. C IV. P. 329b(e). On May 21, 2009, we notified the parties that the appeal would be
dismissed for lack of jurisdiction. No reply has been filed.
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The notices of appeal invoked the Court’s appellate jurisdiction to review a judgment
that has been vacated. The Court finds it lacks jurisdiction over the appeal. Accordingly,
the appeal is dismissed.
APPEAL DISMISSED.
_____________________________
STEVE McKEITHEN
Chief Justice
Opinion Delivered July 16, 2009
Before McKeithen, C.J., Gaultney and Horton, JJ.
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