Ex Parte Jake Alexander Garcia

• Court: Court of Appeals of Texas
• Decided: January 15, 2019
• Docket: 04-18-00218-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas January 15, 2019

No. 04-18-00218-CV

EX PARTE JAKE ALEXANDER GARCIA,

From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2017CI21969 Honorable Angelica Jimenez, Judge Presiding

ORDER Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice

On December 12, 2018, a panel consisting of Justice Karen Angelini, Justice Marialyn Barnard, and Justice Rebeca C. Martinez dismissed this appeal because appellant failed to comply with this Court’s November 5, 2018 order. See TEX. R. APP. P. 42.3(c). On December 27, 2018, appellant filed a motion for rehearing and a motion for rehearing en banc, requesting reinstatement of the appeal.

The motion for rehearing is DENIED.1 With regard to the motion for rehearing en banc, the Court requests that appellees file a response on or before January 25, 2019. See TEX. R. APP. P. 49.2.

It is so ORDERED on January, 2019.

PER CURIAM

ATTESTED TO: ___________________________________ KEITH E. HOTTLE, Clerk of Court

1 Texas Rule of Appellate Procedure 49.3 provides that a “motion for rehearing may be granted by a majority of the justices who participated in the decision of the case. Otherwise it must be denied.” TEX. R. APP. P. 49.3. Because Justices Angelini and Barnard are no longer members of this Court, a majority of the justices who participated in the decision of the case cannot grant the motion for rehearing. See id. Therefore, “it must be denied.” Id.