12 537 00 IN CURRENCY JOSEPH ALLAN EDWARDS v. THE STATE OF TEXAS

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Court of Appeals of Texas, Beaumont.

$12,537.00 IN U.S. CURRENCY (JOSEPH ALLAN EDWARDS), Appellant v. THE STATE OF TEXAS, Appellee

NO. 09-17-00103-CV

Decided: June 22, 2017

Before Kreger, Horton, and Johnson, JJ.

MEMORANDUM OPINION

On April 7, 2017, Joseph Allan Edwards filed a notice of appeal from a final order signed by the trial court on March 2, 2017, in a civil forfeiture suit. A motion to set aside the default judgment was filed on March 23, 2017. On May 16, 2017, the trial court granted a motion to set aside the default judgment and set the case for trial. The trial court granted a motion for new trial while the trial court maintained plenary power over the case. See Tex. R. Civ. P. 329b(e). On May 18, 2017, we notified the parties that the appeal would be dismissed for lack of jurisdiction. No replies have been filed.

The notice of appeal invoked the Court's appellate jurisdiction to review a judgment that has been vacated. The Court finds it lacks jurisdiction over the appeal. Accordingly, the appeal is dismissed.

APPEAL DISMISSED.

HOLLIS HORTON Justice