Opinion
01-23-00638-CV
09-12-2024
Brandon Chiv v. Ranferi Monge Figueroa
2019-22689 Trial court: 113th District Court of Harris County Trial court case number: 2019-22689
ORDER OF REINSTATEMENT
On August 29, 2023, appellant, Brandon Chiv, filed a notice of appeal from the trial court's May 19, 2023 final judgment. On October 3, 2023, the Court abated the appeal for referral to mediation. On July 19, 2024, appellant filed a letter, notifying the Court that the parties participated in mediation but were unable to settle. We construe appellant's letter as a motion to reinstate the appeal.
Appellant's letter-motion also stated that after mediation, appellant "requested that the trial court clerk prepare, certify and file" the clerk's record. On July 25, 2024, the clerk's record was filed, and on July 29, 2024, the reporter's record was filed. Accordingly, based on the Court's records, the appellate record is complete and a briefing schedule may be set. See Tex. R. App. P. 38.6(a).
Appellant's motion does not include a certificate of conference indicating whether appellant conferred with appellee, Ranferi Monge Figueroa, regarding the relief requested in the motion. See Tex. R. App. P. 10.1(a)(5). However, more than ten days have passed and no party has filed a response to appellant's motion. See Tex. R. App. P. 10.3(a).
The Court grants appellant's motion to reinstate the appeal. Accordingly, the Court lifts the abatement and reinstates the appeal on the Court's active docket. Appellant is further directed to file his brief within thirty days of the date of this order. Appellee's brief will be due within thirty days of the date appellant files his brief. See Tex. R. App. P. 38.6(b).
It is so ORDERED.