Opinion
No. 04-20-00267-CV
11-30-2020
Joe Jesse PONCE III, Appellant v. COMMISSION FOR LAWYER DISCIPLINE, Appellee
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2018-CI-04768
Mary C. Brown, Judge Presiding
ORDER
On September 14, 2020, because Appellant had not filed a brief or a motion for extension of time to file the brief, we ordered Appellant to file a brief or a motion for extension of time to file a brief not later than September 25, 2020. After no response was filed, on October 7, 2020, we dismissed this appeal for Appellant's failure to respond as ordered.
On October 30, 2020, Appellant filed a motion for rehearing and a motion for extension of time to file a response to our September 14, 2020 show cause order. In his motion for rehearing, Appellant asserts he did not receive this court's orders because there was a typographical error in his e-mail address in TAMES, which has since been corrected.
On November 18, 2020, Appellee filed a response stating it is unopposed to Appellant's motion for rehearing and reinstatement of his appeal.
Appellant's motion for rehearing is GRANTED.
We WITHDRAW our October 7, 2020 opinion and judgment. We direct the clerk of this court to reinstate this appeal on the court's docket, and we REINSTATE the appellate timetable.
We ORDER Appellant to show cause in writing within TEN DAYS of the date of this order that the reporter's record has been paid or Appellant is entitled to a free record.
If Appellant fails to respond as ordered, Appellant must file a brief with this court within THIRTY DAYS of the date of this order, and the court will only "consider and decide those issues or points [raised in Appellant's brief] that do not require a reporter's record for a decision." See TEX. R. APP. P. 37.3(c).
If Appellant timely complies with this order, the reporter's record will be due THIRTY DAYS after Appellant files written proof showing compliance with this order. See id. R. 35.3(c) (limiting an extension of time to file the record in a regular appeal to thirty days).
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of November, 2020.
/s/_________
MICHAEL A. CRUZ, Clerk of Court