Opinion
No. 04-13-00286-CV
11-19-2013
Alberto TREVINO, III, Appellant v. Ethelina Gloria Lopez TREVINO, Individually, and on behalf of the Estate of Alberto Trevino, Jr., Appellee
From the 49th Judicial District Court, Zapata County, Texas
Trial Court No. 8,257
Honorable Jose A Lopez, Judge Presiding
ORDER
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Presently before us is appellee's "Motion and Supplemental Motion for En Banc Reconsideration" filed on November 12, 2013. The court's panel opinion in this interlocutory appeal issued on August 21, 2013. On September 4, 2013, appellee timely filed a motion for rehearing in this interlocutory appeal. The motion was denied by order on September 25, 2013. On September 25, 2013, this court reissued its opinion in the related original proceeding (cause number 04-13-00404-CV), but did not modify the judgment or reissue the opinion in this interlocutory appeal. Thereafter, on October 7, 2013, the appellee filed a second motion for rehearing and en banc reconsideration in both the original proceeding and this interlocutory appeal. The motion for rehearing and en banc reconsideration in this interlocutory appeal was denied by order on November 13, 2013.
The Rules of Appellate Procedure do not permit a party to file a further motion for rehearing where the original judgment was not modified or a different opinion was not issued. See TEX. R. APP. P. 49.1, 49.5 (further motion for rehearing only allowed in instances where the court: modifies its judgment; vacates its judgment and renders a new judgment; or issues a different opinion). Here, the judgment in this interlocutory appeal has not been modified, nor has the panel issued a new opinion in the interlocutory appeal. Accordingly, appellee's motion and supplemental motion for en banc reconsideration is DENIED. It is so ORDERED on November 19th, 2013.
PER CURIAM ATTESTED TO: _____________
Keith E. Hottle
Clerk of Court