Opinion
NUMBER 13-17-00025-CV
03-22-2017
JIMIE DIANNE OWSLEY, Appellant, v. BRIAN LEON OWSLEY, Appellee.
On appeal from the 319th District Court of Nueces County, Texas.
ORDER
Before Chief Justice Valdez and Justices Benavides and Hinojosa
Per Curiam Order
By memorandum opinion issued on February 16, 2017, this Court dismissed this appeal for lack of jurisdiction. See Owsley v. Owsley, No. 13-17-00025-CV, 2017 WL 655556, at *1 (Tex. App.—Corpus Christi Feb. 16, 2017, no. pet.) (mem. op.). This cause is now before the Court on appellant Jimie Dianne Owsley's motion for rehearing and motion for extension of time to file her brief. The Court concludes that appellant's motion is meritorious and we grant this motion as stated herein.
Appellant, proceeding pro se, attempted to perfect an appeal from a judgment rendered by the 319th District Court of Nueces County, Texas in cause number 2014-FAM-1876-G. The final judgment in this matter, a final decree of divorce, was signed on February 19, 2016. Appellant filed a notice of appeal on October 25, 2016. On January 20, 2017, the Clerk of this Court notified appellant that it appeared that her appeal was not timely perfected. Appellant was advised that the appeal would be dismissed if the defect was not corrected within ten days from the date of receipt of the Court's directive. On January 31, 2017, appellant filed an amended notice of appeal stating that she "intend[ed] to appeal both the September 30, 2016 judgement" [sic] and "the final divorce judgement [sic] based on new evidence which will be put forth in my written argument that will document fraud upon the court, abuse of discovery practices, and perjury that was not addressed by the trial court due to bias, collusion, and failure to timely recuse." Appellant did not furnish this Court with a copy of the "September 30, 2016" judgment that she references in her amended notice of appeal. The deputy district clerk informed us that the record did not contain any orders or judgments signed on September 30, 2016. We concluded that her notice of appeal was untimely, and accordingly, we dismissed her appeal for want of jurisdiction. See id.
On rehearing, appellant advises us that her appeal was taken from an "Order and Judgment on Motion to Enforce Final Decree of Divorce" rendered by the trial court on September 30, 2016. Appellant has furnished us with a file-stamped copy of this order. Accordingly, the Court, having fully examined and considered appellant's motion for rehearing, is of the opinion that, in the interest of justice, appellant's motion for rehearing should be granted. We grant rehearing and we withdraw our previous opinion and judgment. This cause remains pending before the Court. Further, we grant appellant's request for an extension of time to file her brief; however, we caution appellant that her brief must be filed in accordance with the appellate rules and based on the appellate record. See, e.g., TEX. R. APP. P. 34, 38. Appellant's brief will be due when calculated by Texas Rule of Appellate Procedure 38.6.
It is so ORDERED.
PER CURIAM Delivered and filed the 22nd day of March, 2017.