In Interest of S.L.M. aka B.G.A.A, Child v. --Appeal from 314th District Court of Harris County (memorandum opinion per curiam)

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Dismissed and Memorandum Opinion filed October 25, 2011. In The Fourteenth Court of Appeals ____________ NO. 14-11-00578-CV ____________ IN THE INTEREST OF S.L.M. AKA B.G.A.A., A CHILD On Appeal from 314th District Court Harris County, Texas Trial Court Cause No. 2009-08311J MEMORANDUM OPINION This is an appeal from a decree of termination signed June 7, 2011. On June 14, 2011, the trial court granted appellant s motion for new trial. A trial court has plenary power over its judgment until it becomes final. Fruehauf Corp. v. Carrillo, 848 S.W.2d 83, 84 (Tex. 1993). The trial court also retains continuing control over interlocutory orders and has the power to set those orders aside any time before a final judgment is entered. Id. An order granting a new trial is an unappealable, interlocutory order. Id. On October 4, 2011, notification was transmitted to all parties of the Court s intent to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellant filed no response. Accordingly, we dismiss the appeal. PER CURIAM Panel consists of Justices Brown, Boyce, and McCally. 2

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