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Butler v. Butler

Court of Appeals of Texas, First District, Houston
Jun 1, 2023
No. 01-23-00060-CV (Tex. App. Jun. 1, 2023)

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.


Summaries of

Butler v. Butler

Court of Appeals of Texas, First District, Houston
Jun 1, 2023
No. 01-23-00060-CV (Tex. App. Jun. 1, 2023)
Case details for

Butler v. Butler

Case Details

Full title:Jamey Angel Butler v. Charles E. Butler

Court:Court of Appeals of Texas, First District, Houston

Date published: Jun 1, 2023

Citations

No. 01-23-00060-CV (Tex. App. Jun. 1, 2023)