Cesar F. Villa v. Maria Teresa Renteria

Summary

The Eighth District Court of Appeals of Texas dismissed Cesar F. Villa’s appeal from a divorce judgment for want of jurisdiction. The trial court granted a partial new trial within its plenary power, vacating the final judgment and leaving no final appealable order.

Holdings

1. A timely order granting a new trial vacates the underlying judgment, leaving no final appealable order.
2. The court of appeals lacked jurisdiction because there was no final appealable order and no applicable basis for interlocutory appellate jurisdiction.

Questions Presented

1. Whether the court of appeals had jurisdiction over an appeal from a divorce judgment after the trial court granted a partial new trial within its plenary power.
2. Whether the appeal should be dismissed for want of jurisdiction because the new-trial order vacated the final judgment and no final appealable order remained.

Disposition

dismissed