Opinion
03-23-00775-CV
03-22-2024
Jason Hodge, Appellant v. Amanda Carter, Independent Administrator of the Estate of Quinton Hodge, Jr., a/k/a J. Q. Hodge, Jr., Deceased; and Charlotte Hodge, Appellees
From the 21st District Court of Lee County No. 16,588, the Honorable Reva Towslee-Corbett, Judge Presiding
Before Justices Baker, Triana, and Kelly
ORDER
PER CURIAM.
On January 12, 2024, we dismissed this appeal for want of prosecution because appellant Jason Hodge failed to comply with this Court's December 6, 2023 notice notifying him that no clerk's record had been filed due to his failure to pay or make arrangements to pay the trial-court clerk's fee for preparing the clerk's record. The notice requested that appellant make arrangements for the clerk's record and submit a status report regarding this appeal by December 18, 2023.
On January 22, 2024, appellant filed a motion to reinstate appeal, which in substance was a motion for rehearing. See Tex. R. App. P. 49.1. In his motion, appellant represents to the Court that he sent a letter of designation to the Lee County District Clerk on December 8, 2023, indicating which documents were to be included in the record. Counsel for appellant further stated in the motion that the District Clerk responded to the designation request on or about December 18, 2023, indicating for the first time the amount that was due for the clerk's record, but that he was out of the office for the Christmas holiday and did not see the letter. He does not explain why he did not submit a status report on or before December 18, 2023, as he was instructed to do by this Court's December 6, 2023 notice letter.
Counsel states that only after this Court issued its opinion dismissing the appeal for want of prosecution did he look for and find the December 18, 2023 correspondence from the District Clerk indicating the amount due. Appellant subsequently paid the amount owed for the clerk's record and requested that this Court reinstate the appeal. As required by Rule 49.2, we requested a response from appellees. See Tex. R. App. P. 49.2 (establishing that no response to motion for rehearing is required unless requested by court and that motion will not be granted unless response "has been filed or requested by the court"). Appellee Amanda Carter, as Independent Administrator, indicated that she "is unopposed to the extent the remedy is proceeding on the appeal's merits."
We admonish appellant and his counsel that this Court views their disregard of the Court's instructions with disfavor. However, mindful of the Texas Supreme Court's admonition that "appellate courts should reach the merits of an appeal whenever reasonably possible," Perry v. Cohen, 272 S.W.3d 585, 587 (Tex. 2008), we withdraw our previous opinion and judgment issued on January 12, 2024, and we grant the motion for rehearing filed by appellant and reinstate the appeal. No reporter's record having been requested, appellant's brief is due on or before April 22, 2024.
It is ordered.