Mark Anthony Trevino v. Candice Spivey Trevino

Opinion issued March 19, 2026

In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-00807-CV
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MARK ANTHONY TREVINO, Appellant
V.
CANDICE SPIVEY TREVINO, Appellee

On Appeal from the County Court at Law No. 1
Galveston County, Texas
Trial Court Case No. 23-FD-2368

MEMORANDUM OPINION

The trial court granted a new trial after appellant filed this appeal. See TEX. R.

CIV. P. 329b(e). The parties jointly moved to abate this appeal pending the new trial.

We told the parties that, because no final appealable judgment remained, we would

instead dismiss for lack of jurisdiction. See Lehmann v. Har-Con Corp., 39 S.W.3d
191, 195 (Tex. 2001) (appellate courts generally only have jurisdiction over appeals

of final judgments); see also Markowitz v. Markowitz, 118 S.W.3d 82, 88 (Tex.App.-

Houston [14th Dist.] 2003, pet. denied) (“When a motion for new trial is granted,

the original judgment is set aside and the parties may proceed without prejudice from

previous proceedings.”). Neither party objected.

Accordingly, we dismiss the appeal for lack of jurisdiction and dismiss all

pending motions as moot.

PER CURIAM

Panel consists of Justices Gunn, Caughey, and Morgan.

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