Opinion
13-23-00498-CV
04-09-2024
ON APPEAL FROM THE 156TH DISTRICT COURT OF SAN PATRICIO COUNTY, TEXAS
Before Chief Justice Contreras and Justices Longoria and Peña.
ORDER
PER CURIAM.
This cause is before the Court on appellant's unopposed motion for rehearing. On March 7, 2024, this Court dismissed this appeal for want of prosecution on grounds that appellant had not requested a clerk's record and otherwise failed to respond to notice from the Clerk of the Court requiring action. See TEX. R. APP. P. 37.3(b), 42.3(b), (c).
The Court, having fully considered appellant's unopposed motion for rehearing, is of the opinion that our memorandum opinion and accompanying judgment should be withdrawn in the interest of justice. Accordingly, we withdraw the memorandum opinion and judgment that were previously issued in this appeal. This cause remains pending before the Court. We caution the parties that our ruling on the motion for rehearing should not be construed as a ruling on the merits of this appeal.
Furthermore, appellant is ordered to request and make any necessary payment agreements for the clerk's record and shall file proof of such arrangements within ten days from the issuance of this Order. If proper payment arrangements are made, the trial court clerk shall have thirty days from the date of the request to submit the clerk's record.