Opinion
04-23-00066-CV
10-26-2023
Abelardo G. GONZALEZ, Appellant v. Alberto J. GONZALEZ, Sergio R. Gonzalez, Rosalinda Gonzalez, Dianna Gonzalez, Appellees
From the 341st Judicial District Court, Webb County, Texas Trial Court No. 2018CVH001007D3 Honorable Joel B. Johnson, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice
ORDER
Liza A odriguez, Justice
On May 24, 2023, we issued a memorandum opinion dismissing this appeal for want of prosecution. Before dismissing the appeal, we issued an order requiring appellant to provide written proof that he had paid for or had made arrangements to pay for the clerk's record, or that he was entitled to appeal without paying for the clerk's record. Appellant did not file a response to our order.
After the appeal was dismissed, appellant filed a motion for rehearing asking us to reinstate the appeal on our docket. In the motion, appellant states that he did not respond to our show cause order because he did not receive it. Appellant further states that he filed a statement of inability to afford payment of court costs in the trial court, and that he is entitled to proceed on appeal without payment of costs after he pays $750.00 towards the clerk's fee as ordered by the trial court. See Tex. R. Civ. P. 145(h) (providing that when an indigent party obtains a monetary recovery, the trial court may order the recovery applied toward payment of costs). On September 6, 2023, we issued an order requesting a response to the motion for rehearing. See Tex. R. App. P. 49.2. No response was filed.
The court has considered appellant's motion for rehearing and is of the opinion that it should be GRANTED. See Tex. R. App. P. 49.3. Accordingly, we GRANT the motion for rehearing, WITHDRAW our opinion and judgment dated May 24, 2023, and REINSTATE this appeal on this court's docket.
We ORDER appellant to pay $750.00 towards the clerk's fee on or before November 29, 2023 In the event appellant fails to pay $750.00 towards the clerk's fee as ordered, this appeal may again be dismissed for want of prosecution.
We FURTHER ORDER the trial court clerk to accept from appellant or his designee the $750.00 payment towards the clerk's fee. In the event appellant or his designee makes the $750.00 payment, we ORDER the trial court clerk to file the clerk's record as soon as practicable, but no later than December 20, 2023. We note that this appeal is from a judgment rendered after remand from this court and following a jury trial. Therefore, the clerk's record should be limited to post-remand filings and the documents pertaining to the jury trial. The clerk's record should comply with Rule 34.5 of the Texas Rules of Appellate Procedure, which designates the contents of the clerk's record. See Tex. R. App. P. 34.5 (listing the documents to be included in the clerk's record).
The reporter's record is due on or before January 26, 2024.