In Re D.B., K.B., I.B., Children--Appeal from 242nd District Court of Castro County (majority)

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In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-13-0048-CV ________________________ IN RE D.B., K.B., AND I.B., CHILDREN On Appeal from the 242nd District Court Hale County, Texas Trial Court No. B9405-1111, Honorable Ed Self, Judge Presiding March 20, 2013 MEMORANDUM OPINION Before Quinn, C.J., and Campbell and Pirtle, JJ. Appellant, O.G., 1 perfected this accelerated appeal from the trial court s order terminating her parental rights to her children, D.B., K.B. and I.B. Within its plenary jurisdiction, on February 22, 2013, the trial court signed an order granting Appellant s Motion for New Trial. The legal effect of an order granting a new trial is to vacate the original judgment or order and return the case to the trial court as if no judgment or order had been 1 To protect the parent s and child's privacy, we refer to them by their initials. See TEX. FAM. CODE ANN. § 109.002(d) (W EST 2008). See also TEX. R. APP. P. 9.8(b). entered. See Old Republic Ins. Co. v. Scott, 846 S.W.3d 832, 833 (Tex. 1993). See also Markowitz v. Markowitz, 118 S.W.3d 82, 88 (Tex.App. Houston [14th Dist.] 2003, pet. denied); Long John Silver=s, Inc. v. Martinez, 850 S.W.2d 773, 777 (Tex.App. San Antonio 1993, writ dism=d w.o.j.). Thus, there is no final judgment or order from which an appeal may be prosecuted in this case. Accordingly, the appeal is dismissed and our mandate will issue forthwith. Patrick A. Pirtle Justice 2

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