Los Campeones, Inc. v. Valley International Properties, Inc.

ON MOTION FOR REHEARING

In our original opinion, we concluded that the trial judge exceeded his jurisdiction when, after a hearing, he entered an order directing a return of the supersedeas deposits to appellee’s attorney. We dismissed the appeal.

Both appellant and appellee have filed motions for rehearing for our consideration. Appellee, Valley International Properties, Inc., again urges us to consider that the order entered by the trial judge is final and not appealable. In support of this position, appellee presents arguments concerning judicial economy. As meritorious as these arguments sound, they were considered before. Appellee’s motion for rehearing is overruled.

Appellant contends in its “motion for revision of judgment and for rehearing” that, in addition to dismissing the appeal, this Court should have entered a judgment reversing the trial court’s order in question. This point is well taken. . Where the trial court does not have jurisdiction to render a judgment, the proper practice is for the reviewing court to set the judgment aside and dismiss the appeal. Fulton v. Finch, 162 Tex. 351, 346 S.W.2d 823 (1961); Eubanks v. Hand, 578 S.W.2d 515, 517 (Tex.Civ.App.—Corpus Christi 1979, writ ref’d n. r. e.); Travelers Express Co., Inc. v. Winters, 488 S.W.2d 890 (Tex.Civ.App.—El Paso 1972, writ ref’d n. r. e.). Accordingly, we *316hereby modify our original judgment, set aside the trial court’s order of July 12,1979, and dismiss the appeal.