Pedro Delgadillo Cerda and Leticia Martinez, as Husband and Wife v. Russell Soltani, Individually and D/B/A Atlantic Car Group, Inc ( 2010 )

Dismissed and Memorandum Opinion filed September 2, 2010.

In The

Fourteenth Court of Appeals

NO. 14-10-00602-CV

Pedro Delgadillo Cerda and Leticia Martinez, as husband and wife, Appellants

V.

Russell Soltani, Individually and d/b/a Atlantic Car Group, Inc, Appellee

On Appeal from the 165th District Court

Harris County, Texas

Trial Court Cause No. 2009-07985

MEMORANDUM  OPINION

This is an attempted appeal from an order signed June 15, 2010.  The clerk’s record was filed on July 19, 2010. 

Generally, appeals may be taken only from final judgments.  Lehmann v. Har‑Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).  Interlocutory orders may be appealed only if permitted by statute.  Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001).  Appellants attempt to appeal an order granting a motion for new trial.  A trial court has plenary power over its judgment until it becomes final.  Fruehauf Corp. v. Carrillo, 848 S.W.2d 83, 84 (Tex. 1993).  The trial court also retains continuing control over interlocutory orders and has the power to set those orders aside any time before a final judgment is entered.  Id.  An order granting a new trial is an unappealable, interlocutory order.  Id.

            On July 23, 2010, notification was transmitted to the parties of this court’s intention to dismiss the appeal for want of jurisdiction unless appellants filed a response on or before August 9, 2010, demonstrating grounds for continuing the appeal.  See Tex. R. App. P. 42.3(a).

            Appellants’ response fails to demonstrate that this court has jurisdiction over the appeal.

Accordingly, the appeal is ordered dismissed.

                                                                                    PER CURIAM

Panel consists of Justices Anderson, Frost, and Brown.