NO. 07-02-0115-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
APRIL 2, 2002
______________________________
IN THE INTEREST OF ZACKERY HUSEMAN AND
MADELINE HUSEMAN, MINOR CHILDREN
_________________________________
FROM THE 64TH DISTRICT COURT OF HALE COUNTY;
NO. A29348-9708; HONORABLE JACK R. MILLER, JUDGE
_______________________________
Before BOYD, C.J., and REAVIS and JOHNSON, JJ.
Appellant Timothy Huseman gave notice of appeal on March 4, 2002, from an order
of the trial court entered on February 15, 2002, dismissing his petition to modify in a suit
affecting the parent-child relationship. We have now received a certified copy of a more
recent trial court order dated March 22, 2002, in which it granted appellant’s motion to
reconsider the February 15 order of dismissal, withdrew that order, and indicated its intent
to proceed in the matter after the respondent has been served. The trial court also
“abated” the appeal and declared it moot.
The filing of a notice of appeal invokes the appellate court’s jurisdiction over all
parties to the judgment or order appealed from. Tex. R. App. P. 25.1(b). However, the trial
court retains plenary power to grant a new trial or to vacate, modify, correct, or reform the
judgment until 30 days after all such motions are overruled. Tex. R. Civ. P. 329b(e) and
(g). The trial court has now reconsidered the order appealed from and vacated it, and we
thus agree that the pending appeal has been rendered moot. Further, there is no
appealable order before this court, and we must therefore dismiss the appeal for want of
jurisdiction. See Tex. R. App. P. 42.3. Since appellant obtained the relief he requested
by the trial court’s action, the need for ten days notice to the parties prior to dismissal
pursuant to Rule 42.3 of the Rules of Appellate Procedure is obviated, and we suspend
that requirement for purposes of this appeal only pursuant to the authority of Rule 2 of the
Rules of Appellate Procedure.
Accordingly, the appeal is hereby dismissed.
John T. Boyd
Chief Justice
Do not publish.
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