PER CURIAM
Sitting: Phil Hardberger, Chief Justice
Tom Rickhoff, Justice
Karen Angelini, Justice
Delivered and Filed: October 25, 2000
APPEAL DISMISSED FOR LACK OF JURISDICTION
On June 29, 2000, appellant, Mark Anthony Garza, filed both his notice of appeal and a motion for new trial with the trial court. The trial court granted Garza's motion for new trial on August 16, 2000. Because the granting of a motion for new trial restores the case to its position before the former trial, the judgment which is the subject of Garza's notice of appeal is no longer final and appealable. See Tex. R. App. P. 21.9, 25.2(2). Accordingly, this court lacks jurisdiction to over this appeal.
The appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH