Charles E. Smith and Betty M. Smith, Individually, and as Trustees for the Smith Family Trust v. Aramark Corporation

• Court: Court of Appeals of Texas
• Decided: January 24, 2014
• Docket: 13-11-00500-CV
• Status: Published

Opinion

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

NUMBER 13-11-00500-CV

CHARLES E. SMITH AND BETTY M. SMITH, INDIVIDUALLY AND AS TRUSTEES FOR THE SMITH FAMILY TRUST, Appellants,

v.

ARAMARK CORPORATION, Appellee.

NUMBER 13-11-00708-CV

CHARLES E. SMITH AND BETTY M. SMITH, INDIVIDUALLY AND AS TRUSTEES FOR THE SMITH FAMILY TRUST, Appellants,

LONG ISLAND VILLAGE OWNER’S ASSOCIATION, INC. F/K/A OUTDOOR RESORTS/SOUTH PADRE OWNER’S ASSOCIATION, INC. AND PAST AND PRESENT BOARD OF DIRECTORS OF LONG ISLAND OWNERS ASSOCIATION, INC. F/K/A OUTDOOR RESORTS/SOUTH PADRE OWNER’S ASSOCIATION, INC., Appellees. On appeal from the 445th District Court of Cameron County, Texas.

ORDER Before Chief Justice Valdez and Justices Garza and Perkes Order Per Curiam The Court issued a memorandum opinion in these causes on July 11, 2013,

dismissing these appeals. See Smith v. Aramark Corp., 13-11-00500-CV & 13-11-

00708-CV, 2013 WL 3568275 (Tex. App.—Corpus Christi July 11, 2013, no pet. h.). On

September 13, 2013, this Court issued an order determining that appellants had timely

filed a motion for rehearing, and we requested a response to the motion for rehearing

from appellees’. On September 25, 2013, appellees’ filed motions to vacate our order

issued on September 13, 2013 and a conditional response to appellants’ motion for

rehearing. On October 8, 2013, appellants’ filed a motion seeking an extension of time

to file a response to appellees’ motions, which this court granted, and on November 13,

2013, appellants’ filed the response. On November 21, 2013, appellees’ filed a reply to

appellants’ response.

The Court, having examined and fully considered the record and the foregoing

pleadings, is of the opinion that the following rulings should issue in this case. We

DENY appellees’ motions to vacate. We GRANT appellants’ motions for rehearing, and

we WITHDRAW the opinion and judgment previously issued in this cause. This appeal

is subject to all applicable appellate deadlines. At the present time, appellees’ brief is

due within thirty days of the date of this order.

2 IT IS SO ORDERED.

PER CURIAM

Delivered and filed the 24th day of January, 2014.