JUAN MANUEL RODRIGUEZ v. THE STATE OF TEXAS--Appeal from 299th District Court of Travis County

State: Texas

Docket No: 13-06-00309-CR

Case Date: 12/20/2007

Plaintiff: JUAN MANUEL RODRIGUEZ

Defendant: THE STATE OF TEXAS--Appeal from 299th District Court of Travis County

Preview:James P. Kirk II, d/b/a Color Genesis v. Changing Surface, Inc.; Ernest Crum--Appeal from 45th Judicial District Court of Bexar County
MEMORANDUM OPINION No. 04-03-00539-CV James P. KIRK II d/b/a Color Genesis, Appellant v. CHANGING SURFACE, INC., Appellee From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2001-CI-16982 Honorable Janet Littlejohn, Judge Presiding PER CURIAM Sitting: Paul W. Green, Justice Sarah B. Duncan, Justice Karen Angelini, Justice Delivered and Filed: September 24, 2003 DISMISSED FOR WANT OF JURISDICTION Appellant filed a notice of appeal from a judgment for which the trial court timely granted a new trial. In response to our order to show cause, appellant concedes this court lacks jurisdiction because when the trial court grants a motion for new trial, the cause is reinstated on the court's docket as if no trial had been had and no judgment rendered. See City of San Antonio v. Dickman, 34 Tex. 647, 650 (1871). In the absence of a final judgment, we lack jurisdiction over the appeal. See City of Beaumont v. Guillory, 751 S.W.2d 491, 492 (Tex. 1988). The appeal is dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a). Costs of the appeal are assessed against appellant. PER CURIAM Herb Schaefer, Clerk

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