Opinion
01-24-00330-CV
10-08-2024
Deborah Durst v. City of Galveston
Trial court: County Court at Law No. 3 of Galveston County Trial court case number: CV-0091855
Panel consists of: Landau, Countiss, and Guerra Justices.
ORDER ON MOTION FOR REHEARING
Amparo Monique Guerra, Judge.
Appellant, Deborah Durst, filed a "Motion for Rehearing" from the Court's August 6, 2024 opinion dismissing her appeal. The Court dismissed the appeal for want of prosecution based on appellant's (1) failure to pay the required appellate costs and fees, (2) failure to pay, or make arrangements to pay, the fee for the preparation of the clerk's record, and (3) failure to respond to notices from the Clerk of the Court. See Tex. R. Civ. P. 145; see also Tex. R. App. P. 5, 20.1, 42.3(b), (c), 43.2(f).
In her motion for rehearing, appellant stated that the failure to pay the required fees "was a mistake by the parties involved in direction of communication." Appellant's motion stated that appellant was "able to pay the fees and shall pay on the same day as this filing," and requested that the Court grant her motion and reconsider its dismissal of the appeal. The Court's records reflect that on August 23, 2024, appellant paid the appellate filing fee. However, the Court's records do not however indicate that appellant has made arrangements to pay the fee for the preparation of the clerk's record.
On September 12, 2024, the Court requested a response from appellee, the City of Galveston, to the motion for rehearing. See Tex. R. App. P. 49.2. On September 17, 2024, appellee filed a response arguing that appellant "had lots of opportunities and notice to resolve the issues, and simply failed to act," and requested that the Court deny her motion for rehearing.
It is ordered that appellant's Motion for Rehearing is denied.
It is so ORDERED.