Opinion
04-23-00635-CV
11-01-2023
Christine Lynn TERRELL, Appellant v. Matthew DUKE, Appellee
From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2020-CI-02375 Christine Vasquez-Hortick, Judge Presiding
Sitting: Luz Elena D. Chapa, Justice, Irene Rios Justice Beth Watkins, Justice.
ORDER
Luz Elena D. Chapa, Justice.
Appellant Christine Lynn Terrell filed a pro se notice of appeal of the trial court's June 22, 2023 order. The clerk's record was originally due July 10, 2023, but it was not filed. On that day, the clerk filed a notification of late record stating the clerk's record was not filed because appellant has not paid or made arrangements to pay the clerk's fee to prepare the record and appellant is not entitled to the record without paying the fee. We ordered appellant to provide written proof to this court that appellant (1) paid the clerk's fee or arrangements satisfactory to the clerk have been made to pay the clerk's fee; or (2) appellant is entitled to the clerk's record without prepayment of the clerk's fee. See Tex. R. App. P. 20.2, 35.3(a). We warned appellant if she failed to respond within the time ordered, we would dismiss the appeal. See Tex. R. App. P. 5, 42.3(c). Appellant did not file a response, and our clerk's office contacted the Bexar County District Clerk's Office and was advised no payment has been received. Accordingly, we dismissed this appeal for want of prosecution on August 23, 2023. See id.
On September 6, 2023, appellant filed a motion for rehearing and a motion for en banc reconsideration. She explained there was a misunderstanding, and she was not attempting to appeal her trial court case in full. She was instead challenging the June 22, 2023 order by the trial court concluding she was not indigent. See Tex. R. Civ. P. 145(g).
After considering the motion for rehearing, the response from appellee, and the response filed by court reporter Deborah Doolittle, we grant the motion and withdraw our opinion and judgment of August 23, 2023 dismissing the appeal. See Tex. R. App. P. 49.3. We direct the clerk of this court to reinstate this appeal on the court's docket, and we reinstate the appellate timetable. The clerk's and reporter's records, including "all trial court proceedings" on appellant's "claim of indigence" are due within fifteen days of the date of this order. See Tex. R. Civ. P. 145(g)(3).
Because we withdraw our opinion, we deny as moot the motion for en banc reconsideration. See Tex. R. App. P. 49.5.