Opinion
No. 10-12-00106-CV
06-27-2012
FREDRICK-MARSHAL VAN HORN, Appellant v. C. PAUL KEEFER AND/OR JEWEL KEEFER, Appellees
From the 40th District Court
Ellis County, Texas
Trial Court No. 83617
ORDER
Fredrick-Marshall Van Horn appealed the trial court's denial of his motion for summary judgment. By letter dated March 28, 2012, the Clerk of this Court notified Van Horn that this case was subject to dismissal because it appeared that the notice of appeal was untimely. See TEX. R. APP. P. 26.1; 42.3; 44.3. Further, the Clerk notified Van Horn that it appeared the order Van Horn was attempting to appeal was interlocutory and no interlocutory appeal was authorized. See Stary v. DeBord, 967 S.W.2d 352, 352-353 (Tex. 1998); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a) (West Supp. 2011). The Clerk then warned Van Horn that the Court would dismiss this appeal unless a response was filed showing grounds for continuing the appeal. Van Horn responded to the Clerk's letter, but the response did not show grounds for continuing the appeal; and the appeal was dismissed. Van Horn v. Keefer, No. 10-12-00106-CV, 2012 Tex. App. LEXIS 3540 (Tex. App.—Waco May 2, 2012, no pet. h.).
Van Horn has now presented a document which we determine to be a motion for rehearing explaining that on the date this Court dismissed his appeal, the trial court rendered a final, appealable judgment in the underlying case. He attached a copy of the trial court's judgment. We asked for a response to Van Horn's motion from appellees, to which they have complied. We agree that the judgment issued by the trial court appears to be a final, appealable order.
Accordingly, Van Horn's motion for rehearing is granted, the Court's opinion and judgment dated May 2, 2012 are withdrawn, and Van Horn's appeal is reinstated. For purposes of the appellate timetable, all appellate deadlines run from May 2, 2012.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion for rehearing granted
Appeal reinstated