SignAd, Ltd. v. Stan Apostolo a/k/a Stanley W. Apostolo and Apostolo & Associates, Inc.

Summary

The First Court of Appeals of Texas dismissed SignAd, Ltd.’s appeal for lack of jurisdiction. The trial court’s grant of a new trial eliminated the final judgment underlying the appeal, and SignAd agreed that the appeal should be dismissed. All pending motions were dismissed as moot.

Holdings

1. When the trial court grants a new trial, the prior judgment is no longer final, the appeal becomes moot, and the court of appeals loses jurisdiction over the appeal.

Questions Presented

1. Whether the court of appeals retained jurisdiction after the trial court granted a new trial while the appeal was pending.
2. Whether the appeal should be dismissed for lack of jurisdiction because the new-trial order eliminated the final judgment.

Disposition

dismissed