Rick Finkelstein; Entertainment Factory, LLC; Death House Movie, LLC; Entertainment Factory Music, LLC; and Entertainment Factory Studios, LLC v. Jerry Hawrylak Appeal from 67th District Court of Tarrant County (memorandum opinion per curiam)

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In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-21-00229-CV ___________________________ RICK FINKELSTEIN; ENTERTAINMENT FACTORY, LLC; DEATH HOUSE MOVIE, LLC; ENTERTAINMENT FACTORY MUSIC, LLC; AND ENTERTAINMENT FACTORY STUDIOS, LLC, Appellants V. JERRY HAWRYLAK, Appellee On Appeal from the 67th District Court Tarrant County, Texas Trial Court No. 067-322945-21 Before Sudderth, C.J.; Kerr and Birdwell, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT After Appellants perfected their appeal, the trial court vacated the default judgment and granted a new trial. See Tex. R. App. P. 329b. Appellants subsequently filed an unopposed motion to dismiss the appeal. Because there is no longer a final judgment, and because the trial court granted a new trial, we grant Appellants’ motion and dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.1(a)(1), 43.2(f). The parties shall bear their own costs. See Tex. R. App. P. 42.1(d), 43.4. Per Curiam Delivered: August 26, 2021 2

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