Opinion
01-23-00060-CV
06-01-2023
Jamey Angel Butler v. Charles E. Butler
Date motion filed: May 4, 2023
245th District Court of Harris County Trial court case number: 2018-71524
ORDER ON MOTION FOR REHEARING
Julie Countiss Judge.
On March 2, 2023, appellant, Jamey Angel Butler, was notified by the Clerk of this Court that her appeal was subject to dismissal if she failed to submit written evidence to the Court that she had paid or made arrangements to pay the fee for the preparation of the clerk's record. See TEX. R. APP. P. 37.3(b), 42.3(b), 43.2(c). Appellant did not respond to the March 2, 2023 notice, and on April 25, 2023, the Court issued an opinion dismissing appellant's appeal for want of prosecution.
On May 4, 2023, appellant filed a motion for rehearing, stating that she had paid the fee for the preparation of the clerk's record on March 8, 2023. However, appellant did not notify the Court that she had paid the fee for preparation of the clerk's record because she "reasonably assumed that the record had been filed, as [appellant] had been informed it would be" by the Harris County District Clerk's Office. Appellant's motion requests that the Court "reinstat[e]" her appeal. See TEX. R. APP. P. 49.1.
The clerk's record was filed with the Court after the Court's April 25, 2023 opinion issued.
On May 9, 2023, the Court requested that appellee, Charles E. Butler, respond to appellant's motion for rehearing. See TEX. R. APP. P. 49.2 ("A motion [for rehearing] will not be granted unless a response has been filed or requested by the court."). Appellee did not file a response.
Appellant's motion for rehearing is granted.
The Court withdraws its opinion and judgment, issued on April 25, 2023, and reinstates this case on the Court's active docket. Appellant's brief is due to be filed within 30 days of the date of this order.