Opinion
No. 05-17-01322-CV
06-21-2018
SILVIA TORRES AS NEXT FRIEND OF N.E., A MINOR, Appellant v. NIEL FRANKLIN MCCOLLOUGH, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas
Trial Court Cause No. CC-16-00201-D
ORDER
Before Chief Justice Wright and Justices Evans and Brown
Before the Court are (1) appellant's June 15, 2018 motion to extend time to file appellant's motion for rehearing/motion to reinstate, and (2) appellant's May 25, 2018 opposed motion to reinstate this appeal.
After granting appellant three extensions of time to file her brief, we dismissed this appeal for failure to prosecute on April 24, 2018. Appellant filed her motion to reinstate thirty-one days later, well outside the fifteen-day time period for filing a motion for rehearing, but on the last day which we could grant an extension for such a motion. See TEX. R. APP. P. 49.1, 49.8. Appellant did not, however, file a motion to extend time to file a motion for rehearing, nor did appellant tender her brief with her motion. After the clerk of the court contacted appellant, she filed an extension motion on June 15, 2018.
We GRANT appellant's motion to extend time to file her motion for rehearing and ORDER appellant's motion to reinstate received by the Court on May 25, 2018 filed as of that date.
We likewise GRANT appellant's motion to reinstate. We VACATE our opinion and judgment of April 24, 2018. Appellant's brief is due by 5:00 p.m. on July 18, 2018. Should appellant fail to file her brief by that time, this appeal WILL be DISMISSED for want of prosecution without further notice. TEX. R. APP. P. 42.3. No further extensions of time to file appellant's brief will be entertained.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE