Mark Anthony Trevino v. Candice Spivey Trevino

Summary

The Court of Appeals for the First District of Texas dismissed the appeal for lack of jurisdiction after the trial court granted a new trial. Because the original judgment was set aside and no final appealable judgment remained, the court also dismissed all pending motions as moot.

Holdings

1. When the trial court grants a new trial after an appeal is filed, the original judgment is set aside, leaving no final appealable judgment; the appellate court therefore lacks jurisdiction over the appeal.
2. All pending motions must be dismissed as moot after the appeal is dismissed for lack of jurisdiction.

Questions Presented

1. Whether the appellate court retained jurisdiction over an appeal after the trial court granted a new trial and set aside the original judgment.
2. Whether the parties' joint motion to abate the appeal should be granted or the appeal should instead be dismissed for lack of jurisdiction.
3. Whether pending motions should be dismissed as moot after dismissal of the appeal.

Disposition

dismissed