Opinion
No. 02-05-042-CV
Delivered: May 5, 2005.
Appeal from the 17th District Court of Tarrant County.
Panel D: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.
MEMORANDUM OPINION AND JUDGMENT ON REHEARING
See Tex.R.App.P. 47.4.
We grant Appellant's motion for rehearing, withdraw our opinion and judgment of March 31, 2005, and substitute the following in their place.
Appellant Jose L. Cardenas, individually and d/b/a Oil Services and Construction Company, filed an untimely appeal from the trial court's dismissal of the underlying lawsuit for want of prosecution. After we dismiss the appeal for want of jurisdiction, he filed a motion for rehearing seeking to dismiss the appeal voluntarily. It is the court's opinion that the motion should be granted; therefore, we dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f).
Appellant shall pay all costs of appeal, for which let execution issue. See TEX. R. APP. P. 42.1(d).