James Partsch-Galvan v. Harris County on behalf of itself and the following country-wide taxing authorities, the Harris County Department of Education, the Port of Houston of Harris County, the Harris County Flood Control District, the Harris County Hospital District (hereinafte--Appeal from 189th District Court of Harris County
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Opinion issued January 31, 2011. In The Court of Appeals For The First District of Texas NO. 01-09-00884-CV ____________ JAMES PARTSCH GALVAN, Appellant V. HARRIS COUNTY, ON BEHALF OF ITSELF AND ON BEHALF OF THE HARRIS COUNTY EDUCATION DEPARTMENT, THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, THE HARRIS COUNTY FLOOD CONTROL DISTRICT, THE HARRIS COUNTY HOSPITAL DISTRICT, CITY OF HOUSTON, HOUSTON INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY EDUCATION DISTRICT, AND HOUSTON COMMUNITY COLLEGE SYSTEM, AND DOROTHY F. MEYER, Appellees On Appeal from the 189th District Court Harris County, Texas Trial Court Cause No. 2007-59203 MEMORANDUM OPINION Appellant, James Partsch Galvan, attempts to appeal from the trial court s order granting partial summary judgment in favor of appellee, Dorothy F. Meyer. We dismiss as moot. With few exceptions, an appeal may only be taken from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). On January 28, 2010, the trial court signed a final judgment in the above-referenced case. On March 15, 2010, however, the trial court granted a motion for new trial and reinstated the case. The granting of a motion for new trial restores the case to its position before the former trial. See Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005). The appeal is rendered moot by the order granting a new trial. Accordingly, we dismiss the appeal as moot. See TEX. R. APP P. 43.2(f). In addition, we dismiss any pending motions as moot. We direct the Clerk to issue the mandate within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1. PER CURIAM Panel consists of Justices Keyes, Sharp, and Massengale. 2
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