In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00084-CV
___________________________
IN THE INTEREST OF E.H. AND R.L., CHILDREN
On Appeal from the 323rd District Court
Tarrant County, Texas
Trial Court No. 323-107000-18
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
R.B. attempts to appeal from a March 1, 2019 order granting a timely-filed
motion for new trial while the trial court still had plenary power over the underlying
case. See Tex. R. Civ. P. 329b(e). Appellant has not responded to our letter
questioning our jurisdiction over the appeal.
An order granting a motion for new trial is generally not appealable. See In re
Columbia Med. Ctr. of Las Colinas, Subsidiary, L.P., 290 S.W.3d 204, 209 (Tex. 2009)
(orig. proceeding) (explaining two exceptions not applicable here: that the order was
void or recited that the only reason for the new trial was conflicting jury answers on
special issues); In re C.G., No. 02-16-00062-CV, 2016 WL 1393386, at *1 (Tex. App.—
Fort Worth Apr. 7, 2016, no pet.) (mem. op.). Likewise, the granting of a new trial
moots an already-pending appeal on the merits of a previously rendered judgment. See
Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005); In re C.D.E., No.
02-12-00051-CV, 2012 WL 955381, at *1 (Tex. App.––Fort Worth Mar. 22, 2012, no
pet.) (mem. op.).
Because appellant has not shown any reason why this court has jurisdiction
over her appeal, we dismiss it for want of jurisdiction. See Tex. R. App. P. 42.3(a),
43.2(f).
Per Curiam
Delivered: June 6, 2019
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