Opinion
No. 08-14-00317-CV
06-05-2015
Linda Smith, Appellant, v. John Burt, Appellee.
Appeal from the 388th District Court of El Paso County, Texas (TC# 89-11455) ORDER
Pending before the Court is Appellee John Burt's motion for rehearing. On April 22, 2015, the Court issued its opinion and judgment dismissing the appeal for want of prosecution because Appellant Linda Smith had not filed a brief or request for extension of time in which to file her brief. Smith filed a timely motion for rehearing on April 24, 2015 and the Court notified Burt that the motion would be considered on May 6, 2015. Burt did not file a response to the motion for rehearing. The Court granted the motion for rehearing on May 6, 2015 and withdrew the opinion and judgment.
On May 20, 2015, Burt filed a motion for rehearing which first argues that the Court granted Smith's motion for rehearing without first asking Burt for a response as required by TEX.R.APP.P. 49.2. Burt is correct that the Court should have asked him to file a response. Therefore, we will reevaluate our ruling on Smith's motion for rehearing in light of the arguments presented in Burt's motion for rehearing. Burt contends that the Court properly dismissed the appeal for want of prosecution and it should not have granted Smith's motion for rehearing because Smith's justification for not filing her brief is insufficient. We have fully considered the arguments presented in Burt's motion but are persuaded that Smith presented a reasonable explanation regarding her failure to file a brief or motion for extension of time. Accordingly, Burt's motion for rehearing is denied.
IT IS SO ORDERED this 5th day of June, 2015.
PER CURIAM Before McClure, C.J., Rodriguez and Hughes, JJ.