In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-07-567 CV
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CHARLES RAY MASON, Appellant
V.
TINA D. ROAN, Appellee
Polk County, Texas
Trial Cause No. CIV23,935
The trial court dismissed Cause No. CIV23,935 on October 3, 2007. Charles Ray Mason filed both a motion for reconsideration and a notice of appeal within thirty days of that date. See Tex. R. Civ. P. 329b(a); Tex. R. App. P. 26.1. On November 20, 2007, the trial court granted the motion and reinstated the case on the trial court's docket. See Tex. R. Civ. P. 329b(e). The trial court reinstated the case while it maintained plenary power. See Tex. R. Civ. P. 329b(d),(e). In response to our inquiry, the appellant agreed that the case is not subject to appeal at this time. Accordingly, the appeal is dismissed for lack of jurisdiction. Tex. R. App. P. 42.3(a).
APPEAL DISMISSED.
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STEVE McKEITHEN
Chief Justice
Opinion Delivered January 10, 2008
Before McKeithen, C.J., Gaultney and Horton, JJ.