Opinion
No. 04-19-00458-CV
10-02-2019
Frederick Stanton DUNCAN, Appellant v. Shanna Nicole DUNCAN, Appellee
From the 407th Judicial District Court, Bexar County, Texas
Trial Court No. 2016-CI-18794
Honorable David A. Canales, Judge Presiding
ORDER
On September 4, 2019, this appeal was dismissed for Appellant's failure to timely respond to our August 12, 2019 order that Appellant show cause in writing why the fee to prepare the clerk's record had not been paid.
On September 18, 2019, Appellant filed a motion to reinstate this appeal. He explained that his failure to pay for the clerk's record was due to a clerical error in his attorney's office, and he attached written proof that he has paid the fee to prepare the clerk's record. We construe Appellant's September 18, 2019 motion as a motion for rehearing. See TEX. R. APP. P. 49.1.
This court requests that Appellee Shanna N. Duncan file a response to Appellant's motion for rehearing. See id. R. 49.2.
If Appellee chooses to file a response, Appellee must file the response, or a motion for extension of time to file a response, within TEN DAYS of the date of this order.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of October, 2019.
/s/_________
LUZ ESTRADA,
Chief Deputy Clerk