In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-14-00019-CV
IN THE INTEREST OF J.R.B., A CHILD
On Appeal from the 196th District Court
Hunt County, Texas
Trial Court No. 71,972
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
William Craig Burney appeals from a final contempt order stemming from his apparent
failure to pay child support. The order appealed from was signed February 20, 2014, and Burney
timely filed both a motion for new trial and a notice of appeal on March 10, 2014. See TEX. R.
CIV. P. 329b(a); TEX. R. APP. P. 26.1. The clerk’s record filed in this matter reflects that the trial
court granted Burney’s motion for new trial on May 6, 2014.
By letter, we notified Burney that it appeared we lacked jurisdiction over the appeal
because of the trial court’s grant of a new trial. We afforded Burney fifteen days to demonstrate
proper grounds for our retention of the appeal. Having received no response, we sua sponte
consider our jurisdiction over the appeal.
This Court has jurisdiction to decide appeals from final judgments and from interlocutory
orders as permitted by the Texas Legislature. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195
(Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex. App.—El Paso 1997, no writ). A trial
court’s grant of a new trial deprives an appellate court of jurisdiction over the appeal. Boris v.
Boris, 642 S.W.2d 855, 856 (Tex. App.—Fort Worth 1982, no writ).
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The trial court’s timely grant of Burney’s motion for a new trial deprived this Court of
jurisdiction over this appeal. Therefore, we dismiss the appeal for want of jurisdiction. See TEX.
R. APP. P. 42.3(a), 43.2(f).
Jack Carter
Justice
Date Submitted: July 17, 2014
Date Decided: July 18, 2014
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