Opinion
01-23-00805-CV
10-01-2024
Michael Palma v. Sterling Association Services, Inc.
113th District Court of Harris County, No. 2022-60235
The panel consists of Justices Hightower and Rivas-Molloy.
The Honorable April L. Farris, former Justice of this Court, was a member of the Panel when the case was submitted, and she participated in the decision of the case. Her term of office expired on August 31, 2024, and she did not participate in the Court's decision on this motion. See Tex. R. App. P. 49.3.
ORDER ON MOTION FOR REHEARING
Veronica Rivas-Molloy, Judge
Appellant Michael Palma moved for en banc reconsideration of our August 29, 2024 opinion and judgment, which we construe as both a motion for rehearing and a motion en banc reconsideration. We DENY the motion for rehearing.
In his motion for rehearing, Appellant disagrees that the trial court construed his motion to reinstate as a motion for new trial, arguing that the trial court orally granted his motion to reinstate thereby reinstating his case. Even if that were the case, because the trial court never memorialized its ruling in a written order either granting a new trial or reinstating the case, the trial court's April 6, 2023 judgment became final and Appellant's deadline to file a notice of appeal expired on July 5, 2023. See Tex. R. Civ. P. 165a(3) ("In the event for any reason a motion for reinstatement is not decided by signed written order within seventy-five days after the judgment is signed, or, within such other time as may be allowed by Rule 306a, the motion shall be deemed overruled by operation of law."); Emerald Oaks Hotel/Conference Ctr., Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex. 1989) (holding dismissal order became final judgment upon expiration of trial court's plenary power despite oral ruling and instructions to reinstate and docket entry indicating case had been reinstated); see also In re Wal-Mart Stores, Inc., 20 S.W.3d 734, 740 (Tex. App.-El Paso 2000, orig. proceeding) (same).