Giddings v. FIA Card Services, N.A. f/k/a MBNA America Bank
(Tex.App.- Houston [14th Dist.] Sep. 24, 2009) (per curiam) (appeal moot because trial court
granted motion for new trial)
DISMISSED: Per Curiam     
Before Justices Brock Yates, Frost and Brown   
14-09-00542-CV Gary Giddings v. FIA Card Services, N.A. fka MBNA America Bank    
Appeal from 152nd District Court of Harris County

Dismissed and Memorandum Opinion filed September 24, 2009.

In The

Fourteenth Court of Appeals
___________________

NO. 14-09-00542-CV
___________________

GARY GIDDINGS, Appellant

V.

FIA CARD SERVICES, N.A. FKA MBNA AMERICA BANK, Appellee

On Appeal from the 152nd District Court
Harris County, Texas
Trial Court Cause No. 2008-34997

MEMORANDUM OPINION

    This is an appeal from a default judgment signed April 8, 2009.  On August 21, 2009,
the parties filed a supplemental clerk’s record containing an order signed June 19, 2009,
granting appellant’s motion for new trial.  Because the April 8, 2009 judgment is no
longer a final judgment, we dismiss the appeal for want of jurisdiction.  See Tex. R. App.
P. 42.3(a).

    Accordingly, the appeal is ordered dismissed.

                                                                            PER CURIAM

Panel consists of Justices Yates, Frost, and Brown.