Malone v. Hampton

Kelvin Malone appeals the trial courts "amended order on October 22, 2004 hearing" imposing $300 in sanctions against him for filing a motion for new trial the court found to be "frivolous" and brought "for the purposes of harassment." Malone asserts in one issue that the courts order is void because the court had lost jurisdiction. In three additional issues, Malone asserts the court abused its discretion in sanctioning him because he had a right as a matter of law to file the motion, no evidence exists to support the imposition of sanctions, and the court incorrectly applied the procedures for sanctions. Agreeing with Malone that the court had lost jurisdiction, we conclude the order is void and dismiss this appeal. See State ex rel. Latty v. Owens, 907 S.W.2d 484, 485-86 (Tex. 1995) (per curiam) (on appeal from trial court order entered after expiration of trial courts plenary jurisdiction, court of appeals should declare order void and dismiss appeal).