in the Interest of M.B., a Child ( 2020 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-19-00431-CV
No. 07-19-00432-CV
IN THE INTEREST OF C.B., A CHILD
IN THE INTEREST OF M.B., A CHILD
On Appeal from the 100th District Court
Carson County, Texas
Trial Court Nos. 12,260 & 12,261, Honorable Stuart Messer, Presiding
February 18, 2020
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and DOSS, JJ.
Appellant, Father, appeals from two trial court orders terminating his parental rights
to his children, C.B. and M.B.1 The trial court issued the orders of termination on
December 6, 2019. Thereafter, Father filed a motion for new trial in each cause. The
trial court granted both motions on January 17, 2020. Accordingly, we dismiss the
appeals for want of jurisdiction.
1 To protect the privacy of the parties involved, we will refer to the appellant as “Father” and to the
children by their initials. See TEX. FAM. CODE ANN. § 109.002(d) (West Supp. 2019); TEX. R. APP. P. 9.8(b).
We have jurisdiction to hear an appeal from a final judgment or from an
interlocutory order made immediately appealable by statute. See Lehmann v. Har-Con
Corp., 39 S.W.3d 191, 195 (Tex. 2001) (final judgment); Stary v. DeBord, 967 S.W.2d
352, 352-53 (Tex. 1998) (per curiam) (interlocutory appeal). When a trial court grants a
motion for new trial, the court’s original judgment or order is vacated and the case
proceeds as if there had been no trial. Markowitz v. Markowitz, 118 S.W.3d 82, 88 (Tex.
App.—Houston [14th Dist.] 2003, pet. denied). Thus, an order granting a new trial
deprives an appellate court of jurisdiction over an appeal. In re K.F., No. 07-08-00102-
CV, 2008 Tex. App. LEXIS 2068, at *2 (Tex. App.—Amarillo Mar. 19, 2008, no pet.) (mem.
op.) (citing Boris v. Boris, 642 S.W.2d 855, 856 (Tex. App.—Fort Worth 1982, no writ)
(per curiam)).
By letter of January 21, 2020, we notified Father that it did not appear we had
jurisdiction because the trial court granted his motions for new trial. We directed Father
to show grounds for continuing the appeals by January 31, or we would dismiss them for
want of jurisdiction. Father did not respond to our letter.
Because there is no final judgment in these cases, we dismiss the appeals for want
of jurisdiction. TEX. R. APP. P. 42.3(a).
Per Curiam
2