Opinion
05-20-01118-CV
12-28-2022
BRIGETTA D'OLIVIO, Appellant v. HILARY THOMPSON HUTSON, Appellee
On Appeal from the County Court at Law No. 2 Collin County, Texas Trial Court Cause No. 002-02704-2020
Before Justices Partida-Kipness, Reichek, and Goldstein
ORDER
ROBBIE PARTIDA-KIPNESS, JUSTICE
On September 29, 2022, appellant Brigetta D'Olivio filed a motion for reconsideration and motion to transfer this case to one of the Houston courts of appeals. On September 30, 2022, pursuant to the procedure set forth in Miles v. Ford Motor Company, 914 S.W.2d 135, 137 n. 2 (Tex. 1995) (per curiam), this Court referred the portion of appellant's motion requesting a transfer to the Texas Supreme Court for determination. On our own motion, we abated the case pending the supreme court's resolution of the transfer issue. On November 21, 2022, the
Texas Supreme Court denied appellant's request for transfer. Accordingly, we now LIFT THE ABATEMENT and REINSTATE the case.
This Court denied appellant's motion for en banc reconsideration on September 20, 2022, and denied appellant's motion for rehearing on September 21, 2022. In denying appellant's motions, we did not modify our judgment, vacate our judgment, render a new judgment, or issue a new opinion. Appellant's September 29, 2022 motion for reconsideration is, therefore, not authorized by the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 49.4. A MOTION FOR RECONSIDERATION NOT AUTHORIZED BY THE RULES IS A NULLITY. Mapco, Inc. v. Forrest, 795 S.W.2d 700, 702 (Tex. 1990). Accordingly, we DISMISS appellant's motion for reconsideration.