783 S.W.2d 213 | Tex. App. | 1989
OPINION
Appellant perfected an appeal in the the above cause from a judgment signed on July 18, 1989.
Upon inspection of the transcript it appeared that the defendant’s motion for new trial had been granted, and therefore, it appeared that no final appealable order had been entered by the trial court. Pursuant to Tex.R.App.P. 56(a) and 60(a)(2), this Court notified the parties of the above defect. Appellant was given ten days to cure the defect, if it could be done; otherwise, the appeal would be dismissed. The appellant responded by letter and by filing a motion to abate the appeal.
The Court, having considered the transcript and the other documents on file, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant’s motion to abate the appeal is dismissed, and the appeal is hereby DISMISSED FOR WANT OF JURISDICTION.
. Actually, the judgment was signed on June 21, 1989; however, since one of the parties did not receive timely notice of the signing of the judgment, the trial judge properly entered an order pursuant to Tex.R.Civ.P. 306a(5), setting July 18, 1989, as the date upon which the appellate timetables should begin to run.