Unreported / Non-Citable
Background
Appellant filed a notice of appeal from a July 1, 2026 judgment entered by the 322nd District Court of Tarrant County, Texas.
On July 27, 2026, while the trial court retained plenary jurisdiction, it granted appellant’s motion for a new trial. The court of appeals then notified the parties that the new-trial order rendered the appeal moot and that the appeal would be dismissed unless a party timely demonstrated grounds for continuing it. No party responded.
The Court’s Holding
The Texas Second Court of Appeals held that the trial court’s timely grant of a new trial rendered the appeal moot and deprived the appellate court of jurisdiction.
The court therefore dismissed the appeal for want of jurisdiction under Texas Rules of Appellate Procedure 42.3(a) and 43.2(f). It assessed all appellate costs against appellant.
Key Takeaways
- A trial court’s grant of a new trial while it retains plenary jurisdiction can render an appeal from the original judgment moot.
- An appellate court lacks jurisdiction when no live controversy remains for it to decide.
- Because no party responded to the court’s jurisdictional notice with grounds to continue the appeal, the court dismissed it and taxed costs against appellant.
Why It Matters
The opinion illustrates the jurisdictional consequence of obtaining a new trial after filing a notice of appeal: once the challenged judgment is displaced and no live appellate controversy remains, dismissal is required.
Practitioners receiving a notice that an appeal may be dismissed for want of jurisdiction should respond by the stated deadline if any viable basis exists to continue appellate review.