IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
OCTOBER 15, 2007
______________________________
BRODERICK EUGENE DAVIS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;
NOS. 50781-D, 52425-D & 52253-D; HONORABLE DON EMERSON, JUDGE
_______________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINIONAppellant, Broderick Eugene Davis, filed notices of appeal challenging convictions for aggravated assault with a deadly weapon, robbery, and assault. By separate orders signed September 27, 2007, the trial court granted Appellant's Motion for New Trial.
When the trial court grants a motion for new trial, it restores the case to its position before the former trial. Tex. R. App. P. 21.9(b). Because there is no conviction to be appealed, we have no jurisdiction to consider these appeals. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex.App.-Dallas 1996, no pet.).
Consequently, the appeals are dismissed.
Patrick A. Pirtle
Justice
Do not publish.
judgment, the Supreme Court reversed the decision of the Court of Civil Appeals and remanded the case to the trial court with instructions to conduct a hearing on the motion for new trial pursuant to former Rule 483 of the Texas Rules of Civil Procedure, (3) and the case was remanded to the trial court without abatement of the appeal.
Concluding that the motion in its present form must be overruled, it is so ordered. However, recognizing the potential problems presented by the current rules and the difficulty encountered by the parties desiring to settle their dispute during the pendency of an appeal, we overrule the motion without prejudice to the presentation of another motion taking into consideration the matters discussed in Dunn v. Canadian Oil & Gas Services, Inc., 908 S.W.2d 323, 324 (Tex.App.--El Paso1995, no writ). In the absence of the submission of a new motion approved by counsel for all interested parties, the brief of the Texas Department of Protective and Regulatory Services shall be filed by February 1, 2002.
It is so ORDERED.
Per Curiam
Publish.
1. Motion not approved by counsel for the minor children or by Alfred Vigil, Jr. or Dennis Love, whose rights were also terminated by the order.
2. The Texas Department of Protective and Regulatory Services does not concede or acknowledge error.
3. Rule 483 was repealed effective September 1, 1986.