Karen Alba v. Frank Alba, Jr. Appeal from 388th District Court of El Paso County (memorandum opinion)Annotate this Case
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § KAREN ALBA, No. 08-19-00094-CV § Appellant, Appeal from § v. 388th District Court § FRANK ALBA, JR., of El Paso County, Texas § Appellee. (TC # 2017DCM4333) § MEMORANDUM OPINION This appeal is before the Court on its own motion to determine whether it should be dismissed for want of jurisdiction. Karen Alba filed notice of appeal from a final decree of divorce. The trial court subsequently granted Appellant’s motion for new trial while it still had plenary power over the case. See TEX.R.CIV.P. 329b(e). The granting of a new trial caused the appeal to become moot. See Heckman v. Williamson County, 369 S.W.3d 137, 162 (Tex. 2012)(“[A] case is moot when the court’s action on the merits cannot affect the parties’ rights or interests.”). If a case becomes moot, a court must dismiss the proceeding for lack of jurisdiction. Heckman, 369 S.W.3d at 162. Accordingly, we dismiss the appeal for want of jurisdiction. August 7, 2019 ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Palafox, JJ.