DISMISS and Opinion Filed May 9, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00309-CV
IN THE INTEREST OF X.P., A CHILD
On Appeal from the 417th Judicial District Court
Collin County, Texas
Trial Court Cause No. 417-30148-2017
MEMORANDUM OPINION
Before Justices Bridges, Partida-Kipness, and Carlyle
Opinion by Justice Bridges
On February 20, 2019, the trial court entered judgment terminating Father’s parental rights
to X.P. Father filed a timely motion for new trial which was granted May 1, 2019.
When the trial court grants a motion for new trial, the case is reinstated on the trial court’s
docket and proceeds to trial as though no trial had been previously conducted. Wilkins v. Methodist
Health Care Sys., 160 S.W.3d 559, 563 (Tex.2005). Because the trial court granted a new trial,
any issues appellant would have raised are moot and this Court lacks appellate jurisdiction.
We dismiss this appeal for want of jurisdiction.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
190309F.P05
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF X.P., A CHILD On Appeal from the 417th Judicial District
Court, Collin County, Texas
No. 05-19-00309-CV Trial Court Cause No. 417-30148-2017.
Opinion delivered by Justice Bridges,
Justices Partida-Kipness and Carlyle
participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
Judgment entered May 9, 2019
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