Opinion
No. 04-17-00622-CV
11-30-2017
WORLD WIDE AUTOMOTIVE REPAIR PAINT BODY, Appellant v. SANTANDER CONSUMER USA INC., Appellee
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2016-CI-08203
Honorable Laura Salinas, Judge Presiding
ORDER
In this appeal, the clerk's record was due on October 2, 2017. See TEX. R. APP. P. 35.1(a). On October 4, 2017, the Bexar County District Clerk notified this court that Appellant had not paid the clerk's fee for preparing the record and Appellant is not entitled to a free clerk's record.
On October 5, 2017, we ordered Appellant to file written proof with this court by October 16, 2017, that either (1) the clerk's fee has been paid or arrangements have been made to pay the clerk's fee, or (2) Appellant is entitled to appeal without paying the clerk's fee. We warned Appellant that if he failed to respond as ordered, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). When Appellant failed to respond as ordered, on November 1, 2017, we dismissed this appeal for want of prosecution. See id. R. 37.3(b), 42.3(b), (c).
On November 3, 2017, Appellant Jasmine Kemp timely filed a motion for rehearing stating he misunderstood the process for paying for the clerk's and reporter's records, and he asked this court to reinstate his appeal. On November 13, 2017, Appellant filed written proof that he has made arrangements to pay for the clerk's and reporter's records. On November 15, 2017, we requested a response from Appellee. See id. R. 49.2. To date, Appellee has not filed a response to Appellant's motion for rehearing.
Appellant Jasmine Kemp's motion for rehearing is GRANTED. We withdraw our opinion and judgment in this appeal dated November 1, 2017. We ORDER the clerk of this court to reinstate this appeal on the court's docket.
The clerk's and reporter's records are due within THIRTY DAYS of this order.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of November, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court