CourtListener 10663937•Angela Wilganowski v. Sharon Hemphill
Full text
Opinion issued August 26, 2025
In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-00541-CV
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ANGELA WILGANOWSKI, Appellant
V.
SHARON HEMPHILL, Appellee
On Appeal from the 113th District Court
Harris County, Texas
Trial Court Case No. 2018-90866A
MEMORANDUM OPINION
Appellant, Angela Wilganowski, appealed the trial court’s April 3, 2025
judgment. The same day that Appellant filed her notice of appeal, the trial court
granted her motion for new trial.
Granting a new trial has the legal effect of vacating the judgment and returning
the case to the trial docket as though there was no previous trial or hearing. In re
Walker, 265 S.W.3d 545, 550 (Tex. App.—Houston [1st Dist.] 2008, orig.
proceeding). The trial court “essentially wipes the slate clean and starts over.”
Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005).
This Court has jurisdiction only over appeals from final judgments and certain
appealable interlocutory orders. See Bison Bldg. Materials, Ltd. v. Aldridge, 422
S.W.3d 582, 585 (Tex. 2012). When a motion for new trial is granted, the appeal
becomes moot, and we lose jurisdiction over the appeal because there is no longer a
final judgment. See Chatman v. Nazim, No. 01-24-00445-CV, 2024 WL 3974149,
at *1 (Tex. App.—Houston [1st Dist.] Aug. 29, 2024, no pet.) (mem. op.).
Here, the trial court granted Appellant’s motion for new trial while it still had
plenary power. See TEX. R. CIV. P. 329b(a), (e). As a result, the trial court’s judgment
was effectively vacated. See Walker, 265 S.W.3d at 550. The appeal was rendered
moot, and this Court lacks jurisdiction over the appeal. See Chatman, 2024 WL
3974149, at *1.
On July 29, 2025, the Clerk of this Court notified the parties that the Court
might dismiss the appeal for want of jurisdiction unless a response was filed within
10 days demonstrating that the Court has jurisdiction. No response was filed.
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Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP.
P. 42.3(a), (c), 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Caughey and Johnson.
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