Opinion
13-22-00061-CV
06-08-2022
SANTOS VALENTIN RAMOS, Appellant, v. TAYLOR LEANN SHAFER, Appellee.
On appeal from the 377th District Court of Victoria County, Texas.
Before Chief Justice Contreras and Justices Benavides and Tijerina
ORDER REINSTATING APPEAL
PER CURIAM
This cause is before the Court on appellant's motion to reinstate appeal. This Court issued a memorandum opinion and judgment dismissing this appeal for want of prosecution on May 26, 2022.
On May 27, 2022, the Clerk of the Court sent notice indicating the Court was construing this motion as a motion for rehearing. However, the Court is proceeding with the motion as entitled (motion to reinstate); for clarity, full consideration was given to appellee's response.
The Court, having fully examined and considered appellant's motion and appellee's response, is of the opinion that, in the interest of justice, appellant's motion should be granted.
Accordingly, we grant appellant's motion to reinstate the appeal. We withdraw our previous memorandum opinion and judgment and reinstate the appeal. The clerk's record was originally due on March 16, 2022, but has not been filed. See Tex. R. App. P. 35.1(a). Appellant shall pay the clerk's fees for preparation of the record, or make satisfactory arrangements to pay those fees, such that the clerk's record is filed within thirty (30) days from the date of this order. See Tex. R. App. P. 35.3(c) ("The appellate court must allow the record to be filed late when the delay is not the appellant's fault, and may do so when the delay is the appellant's fault."). Appellant's brief will be due thirty (30) days after the clerk's record has been filed with this Court. See Tex. R. App. P. 38.6(a).
Appellant represents in his motion that he paid the clerk's fees for preparation of the record on May 27, 2022.