Opinion
No. 14-03-00598-CV.
Memorandum Opinion filed June 5, 2003.
On Appeal from the 234th District Court, Harris County, Texas, Trial Court Cause No. 02-16055.
Dismissed.
Panel consists of Chief Justice BRISTER and Justices FOWLER and EDELMAN.
MEMORANDUM OPINION
This is an appeal from a final judgment signed February 12, 2003. Appellants timely filed a motion for new trial, which was overruled by operation of law. Appellants then filed their notice of appeal and a motion for extension of time to file the notice of appeal. On May 27, 2003, the day before its plenary power expired, the trial court signed an order granting a new trial and vacating the judgment that is the subject of this appeal. See Tex.R.Civ.P. 329b(e); In re Luster, 77 S.W.3d 331, 335 n. 1. (Tex.App.-Houston [14th Dist.] 2002, orig. proceeding) (noting trial court's power to grant a motion for new trial within 30 days after it has been overruled, but not to "ungrant" such a motion more than 75 days after it was filed).
On May 28, 2003, appellants filed a motion to dismiss the appeal because it has been rendered moot. See Tex.R.App.P. 42.1. The motion is granted. Appellants' motion for extension of time to file their notice of appeal is also denied as moot.
Accordingly, the appeal is ordered dismissed.