Opinion
No. 08-19-00304-CV
07-27-2020
MARK BLAIR, Appellant, v. RITA GAIL BLAIR, Appellee.
Appeal from the 112th District Court of Reagan County, Texas (TC# 1870) MEMORANDUM OPINION
On February 7, 2020, this Court dismissed this appeal for want of prosecution based on Appellant's failure to tender payment of the $205 appellate filing fee after two requests for payment were made by the Clerk's Office on December 6, 2019, and January 2, 2020. See Blair v. Blair, No. 08-19-00304-CV, 2020 WL 597351, at *1 (Tex.App.—El Paso Feb. 7, 2020, no pet. h.) (mem. op.). Appellant has moved for rehearing of the dismissal and reinstatement of the appeal. The motion for rehearing is granted.
On February 19, 2020, after the appeal was dismissed, Appellant tendered the $205 fee and on February 20, 2020, filed a motion for rehearing. In the motion for rehearing, counsel for Appellant asserted that she had been ill with "flumonia," on bed rest, during the time when payment was requested, and in her absence, her staff had difficulty making necessary payments, which led to the failure to pay the $205 filing fee and to other delays with making arrangements for the clerk's record and reporter's record. Appellee opposes reinstatement of this appeal, arguing that counsel for Appellant was in communication with counsel for Appellee during the time of her illness and asserts that arrangements could have been made for the fee to be paid.
We find good cause exists to reinstate this appeal. Therefore, we grant Appellant's motion for rehearing, withdraw our previous opinion and judgment, and reinstate this appeal. The Clerk's Record and Reporter's Record are due 30 days from this date.
GINA M. PALAFOX, Justice July 27, 2020 Before Alley, C.J., Rodriguez, and Palafox, JJ.