Edwards & Associates, Tim Edwards v. Azleway, Inc. and Gary Duke

Summary

The Texas Court of Appeals, Second District, dismissed the appeal as moot. The trial court had granted the appellants’ motion for new trial while it retained plenary jurisdiction, eliminating the effect of the summary judgment order from which the appeal was taken.

Holdings

1. A trial court's timely order granting a new trial while it retains plenary jurisdiction renders an appeal from the superseded summary-judgment order moot.

Questions Presented

1. Whether the trial court's order granting a new trial rendered the pending appeal from the prior summary-judgment order moot.

Disposition

dismissed