TERENCE M. GORE, Appellant v. DALLAS COUNTY, ET. AL., Appellees

DISMISS and Opinion Filed December 16 2008
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-08-00822-CV
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TERENCE M. GORE, Appellant
V.
DALLAS COUNTY, ET. AL., Appellees
 
.............................................................
On Appeal from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. TX-05-31387
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MEMORANDUM OPINION
Before Justices Moseley, FitzGerald, and Lang-Miers
        Terence M. Gore appealed the trial court's January 7, 2008 judgment. Because it appeared the notice of appeal was untimely, we directed the parties to file letter briefs addressing our jurisdiction over the appeal. Appellant responded that we have jurisdiction over the appeal because he amended his notice of appeal to reflect this is a restricted appeal. On November 24, 2008, appellee Dallas County responded that on August 28, 2008, pursuant to section 33.56 of the Texas Property Code, the trial court vacated its judgment and set the case for trial on February 19, 2009. Therefore, there is no longer a judgment in place over which the Court has jurisdiction.
        Absent a final judgment, there is nothing before the Court over which we have jurisdiction. See generally Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex. App.-El Paso 1997, no writ). Accordingly, we dismiss the appeal for want of jurisdiction.
 
                                                          PER CURIAM
080822F.P05