ANDY'S SUNMART v. RELIANT ENER RETAIL, 14-07-00279-CV (Tex.App.-Houston [14th Dist.] 5-24-2007)

ANDY’S SUNMART #352, INC., HOLCOMBE SUNMART INC. AKA SUNMART #139 AND ADNAN A. NAJM INDIVIDUALLY, Appellants v. RELIANT ENERGY RETAIL SERVICES, Appellee.

No. 14-07-00279-CVCourt of Appeals of Texas, Fourteenth District, Houston.
Delivered: May 24, 2007.

Appeal from County Court at Law No. 4 Harris County, Texas Trial Court Cause No. 870671.

PANEL F: YATES, ANDERSON, and FROST.

MEMORANDUM OPINION
PER CURIAM.

This is an attempted appeal from a judgment signed December 28, 2006. The clerk’s record was filed on April 30, 2007. The record reflects that, while it retained plenary power, the trial court granted appellant’s motion for new trial on March 30, 2007. Accordingly, the record before this court contains no appealable order.

On April 30, 2007, notification was transmitted to the parties of this court’s intention to dismiss the appeal for want of jurisdiction unless appellants, on or before May 10, 2007, filed a response demonstrating grounds for continuing the appeal. See TEX. R. APP. P. 42.3(a). Appellants filed no response. Accordingly, the appeal is ordered dismissed.