Angela Roche v. Brad Mason Snyder Appeal from County Court at Law No 2 of Montgomery County (memorandum opinion)

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00032-CV ____________________ ANGELA ROCHÉ, Appellant V. BRAD MASON SNYDER, Appellee ________________________________________________________________________ On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 16-29815 ________________________________________________________________________ MEMORANDUM OPINION On January 31, 2017, Angela Roché filed a notice of appeal from final order signed by the trial court on January 20, 2017, in a forcible detainer suit. A motion for new trial was filed on January 27, 2017. On February 9, 2017, the trial court granted the motion for new trial and vacated the order of January 20, 2017. The trial court granted a motion for new trial while the trial court maintained plenary power over the case. See Tex. R. Civ. P. 329b(e). On February 16, 2017, we notified the 1 parties that the appeal would be dismissed for lack of jurisdiction. No replies have been filed. The notice of appeal invoked the Court’s appellate jurisdiction to review a judgment that has been vacated. The Court finds it lacks jurisdiction over the appeal. Accordingly, the appeal is dismissed. APPEAL DISMISSED. ________________________________ CHARLES KREGER Justice Submitted on March 8, 2017 Opinion Delivered March 9, 2017 Before Kreger, Horton, and Johnson, JJ. 2

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