Aguirrev.Aguirre

Court of Appeals of Texas, Thirteenth District, Corpus Christi — EdinburgApr 10, 2008
No. 13-07-00534-CV (Tex. App. Apr. 10, 2008)

No. 13-07-00534-CV

Opinion delivered and filed April 10, 2008.

On appeal from the 343rd District Court of Bee County, Texas.

Before Justices YAÑEZ, RODRIGUEZ, and GARZA.


MEMORANDUM OPINION


PER CURIAM.

Appellant, Juan Jose Aguirre, appealed a decree of divorce entered on May 30, 2007. However, according to our review of the clerk's record filed in this cause, appellant timely filed a motion for new trial on June 28, 2007, and the trial court granted appellant's motion for new trial on August 30, 2007. Accordingly, on October 29, 2007, the Clerk of this Court notified appellant that the record before the Court contained no appealable order, and requested correction of this defect, if it could be done. The Clerk further advised appellant that the appeal would be dismissed for want of jurisdiction if the defect was not corrected within ten days from the date of receipt of this notice. See TEX. R. APP. P. 42.3(a),(c).

As a general rule, an order granting a new trial is an interlocutory order that is not reviewable on direct appeal from the order or from a final judgment. See Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005) ("Except in very limited circumstances, an order granting a motion for new trial rendered within the period of the trial court's plenary power is not reviewable on appeal."); Cummins v. Paisan Constr. Co., 682 S.W.2d 235, 236 (Tex. 1984).

Accordingly, the appeal is hereby DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a).