Opinion
09-24-00060-CV
06-13-2024
CRISTY WEST, Appellant v. JIMMIE WARD, Appellee
On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 23-12-18872-CV
Before Golemon, C.J., Johnson and Wright, JJ.
ORDER
PER CURIAM.
On April 25, 2024, we dismissed this appeal for want of prosecution after the appellant failed to pay the filing fee for the appeal, then failed to respond to a notice from the Clerk of the Court that required her to remit the fee by April 8, 2024, to avoid dismissal of the appeal for want of prosecution. See West v. Ward, No. 09-24-00060-CV, 2024 WL 1787874 (Tex. App.-Beaumont Apr. 25, 2024, no pet. h.) (mem. op.).
On April 29, 2024, appellant Cristy West paid the filing fee for the appeal. On May 4, 2024, West filed a motion for rehearing, in which counsel for appellant asserted that failure to pay the fee was not intentional but was due to counsel's incorrect belief that the fee for the appeal had been paid contemporaneously with the payment for the reporter's record. West asks this Court to reinstate her appeal.
On May 13, 2024, the Court requested a response to the motion for rehearing by Thursday, May 23, 2024. See Tex.R.App.P. 49.2. Appellee Jimmie Ward did not file a response.
We grant appellant's motion for rehearing, and we withdraw our opinion and judgment issued April 25, 2024. The clerk's record and reporter's record are due July 15, 2024.