Opinion
01-12-00317-CV 2009-13776
01-23-2014
Lisa Welcome v. Texas Roadhouse, Inc.
ORDER
Trial court: 80th District Court of Harris County
On January 9, 2014, the Court dismissed this appeal for lack of prosecution for failure to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief), 38.8(a) (governing appellant's failure to file brief). Appellant, however, filed a pro se brief with the Clerk of this Court on January 8, 2014. Accordingly, we withdraw our January 9, 2014 opinion and judgment, and reinstate the cause on the Court's docket. See Univ. of Tex. Health Sci. Ctr. v. Gutierrez, 237 S.W.3d 869, 870 (Tex. App.?Houston [1st Dist.] 2007, pet. denied) (withdrawing opinion and judgment sua sponte within Court's plenary power).
Appellee's brief, if any, is due to be filed within 30 days of the date of this order. See TEX. R. APP. P. 38.6(b).
It is so ORDERED. Judge's signature: Justice Jim Sharp
[] Acting individually [v] Acting for the Court
Panel consists of Justices Jennings, Sharp, and Brown.