Legal Question in Family Law in Texas

My ex-wife kidnapped my daughter in violation of the divorce decreee on her attorneys instructions (the attorney and the judge have a special relationship) and moved to another state. We filed a contempt pleading and the judge refused to rule. We filed a motion for retrial to address the residency restriction and the trial court judge granted a retrial on some of the issues but not all of the issues. In the second trial, the judge basically covered her and the attorney's butts by adding the residency in the other state to the residency restriction. I appealed the ruling from the second trial and the appellate court overruled the points on appeal stating the granting of the retrial has the affect of vacating the first trial. My question is this: We filed a notice of appeal on the first trial but also had to file a motion for retrial as well. The trial court judge granted the retrial on some of the issues but not all of them and we withdrew the appeal. Is it possible for the appellate court to overrule an appeal on the grounds that the retrial vacated the first trial when the retrial was only granted on some of the issues and not all of the issues? It seems like this is a way for the judge and her attorney buddy to cover up a flagrant violation of the family code and leaves the question, among others, of when was the divorce officially final, after the first trial or after the second.

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