Opinion
Cause number: 01-15-00197-CV
02-06-2018
Leticia B. Loya v. Miguel Loya, Vitol, Inc., Michael Metz, and Antonio "Tony" Maarraoul
ORDER ON MOTION
Type of motion: Motion for extension of time to file motions for rehearing and en banc reconsideration Party filing motion: Appellant Document to be filed: __________ Is appeal accelerated? If motion to extend time:
Original due date: December 24, 2016Ordered that motion is:
Number of previous extensions granted: 0 Current Due date:
Date Requested: Fifteen days
[ ] Granted
If document is to be filed, document due:
Judge's signature: /s/ Terry Jennings
[ ] Denied
[v] Dismissed (e.g., want of jurisdiction, moot)
[ ] Other: __________
Our judgment in this case issued on November 29 , 2016, and our mandate issued on February 10, 2017. Our plenary power has expired. See TEX. R. APP. P. 19.1. A motion for rehearing or motion for en banc reconsideration may be filed within fifteen days after the court of appeals' judgment is rendered. See TEX. R. APP. P. 49.1. A court of appeals may extend the time to file a motion for rehearing or a motion for en banc reconsideration if the motion in proper form is filed no later than fifteen days from the last date for filing the motion. See TEX. R. APP. P. 49.8. A motion for rehearing or motion for en banc reconsideration filed after a court of appeals' plenary power has expired does not revest the court with jurisdiction to reconsider the case. See Perez v. State , No. 01-10-00243-CR, 2011 WL 2923874, at *1 (Tex. App.—Houston [1st Dist.] July 21, 2011, pet. ref'd) (mem. op., not designated for publication); see also TEX. R. APP. P. 19.3. Accordingly, appellant's motion for extension of time to file motions for rehearing and en banc reconsideration is dismissed for want of jurisdiction.
[v] Acting individually [ ] Acting for the Court Panel consists of __________ Date: February 6, 2018 November 7, 2008 Revision