Opinion
Appellate case number: 01-18-00809-CV
06-18-2019
Henry Townsend v. Leonard Nolan
ORDER Trial court case number: 1105175 Trial court: County Civil Court at Law No. 4 of Harris County
The Court issued an opinion dismissing this appeal for failure to make financial arrangements for the filing of the clerk's record. Appellant filed a motion for rehearing, stating that he had paid the fee for the reporter's record, but the Court did not dismiss the appeal for failure to file the reporter's record. Furthermore, the motion for rehearing was not timely filed, but was filed within the 15-day period following the deadline. See TEX. R. APP. P. 49.1, 49.8. We therefore construe appellant's motion for rehearing to include an implied motion for extension of time. See Simon v. Dillard's, Inc., 86 S.W.3d 798, 801 (Tex. App.—Houston [1st Dist.] 2002, no pet.) (applying TEX. R. APP. P. 4.5).
The Court may deny the motion for rehearing unless appellant presents proof to this Court that he has made financial arrangements for the filing of the clerk's record within 10 days of the date of this order.
It is so ORDERED. Judge's signature: /s/ Peter Kelly
[v] Acting individually [ ] Acting for the Court Date: June 18, 2019