Braewood Townhomes Association v. Vivian Rushton and Alberto J. Pardo Appeal from 80th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued October 15, 2019. In The Court of Appeals For The First District of Texas ———————————— NO. 01-19-00689-CV ——————————— BRAEWOOD TOWNHOMES ASSOCIATION, Appellant V. VIVIAN RUSHTON AND ALBERTO J. PARDO, Appellees On Appeal from the 80th District Court Harris County, Texas Trial Court Case No. 2018-87271 MEMORANDUM OPINION Appellant, Braewood Townhomes Association, timely filed a notice of appeal of the trial court judgment signed on June 14, 2019. On September 27, 2019, the trial court signed an order granting a motion for new trial. We dismiss the appeal. Generally, appeals may be taken only from final judgments. Lehmann v. Har– Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When the trial court grants a motion for new trial, the case is reinstated on the trial court’s docket and will proceed to trial as though no trial had been previously conducted. Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005). The granting of a new trial renders the appeal moot and this Court lacks jurisdiction over the appeal. See In re W.B.B., No. 05-1600147-CV, 2016 WL 1320804, at *1 (Tex. App.—Dallas Apr. 5, 2016, no pet.) (mem. op.); Galvan v. Harris Cnty., No. 01-09-00884-CV, 2011 WL 345677, at *1 (Tex. App.—Houston [1st Dist.] Jan. 31, 2011, no pet.) (mem. op.). Because the trial court has granted a new trial, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 43.2(a), 43.2(f). We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Lloyd, Goodman, and Landau. 2
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