Opinion
01-23-00452-CV
09-05-2024
Stewart & Stewarts Development, Inc. v. Reuben Wright
129th District Court of Harris County Trial court case number: 2020-35465
ORDER
Veronica Rivas-Molloy Judge.
Appellant Stewart & Stewarts Development, Inc. failed to file an appellate brief. Accordingly, on June 27, 2024, this Court dismissed the appeal for want of prosecution. See Tex. R. App. P. 38.8(a), 42.3(b), 43.2(f).
On July 5, 2024, Appellant filed its appellate brief, contemporaneously with a Motion for Rehearing and Request to Reinstate Appeal, where Appellant's counsel states that the failure to file a brief "lies with [him] and in no way is due to any actions of the Appellant." Appellant states that the failure to timely file the brief "was due to the Court's notice not being . . . calendared in . . . counsel's office," and requests reinstatement of the appeal. Appellee Reuben Wright filed a response objecting to the request for reinstatement, arguing that "Appellant is prosecuting this appeal in a manner to cause delay."
Appellant's Motion for Rehearing is granted. We hereby vacate our June 27, 2024 opinion, and we reinstate this case on the Court's active docket.
Appellee's brief is due within 30 days of this order. See Tex. R. App. P. 38.6(b). Appellant's reply brief, if any, is due within 20 days after the date Appellee's brief is filed. See Tex. R. App. P. 38.6(c).
It is so ORDERED.