in the Interest of C.M., a Child

Opinion

Fourth Court of Appeals San Antonio, Texas February 27, 2013

No. 04-12-00395-CV

IN THE INTEREST OF C.M., A CHILD,

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2004-CI-13517 Dick Alcala, Judge Presiding

ORDER Sitting: Catherine Stone, Chief Justice Patricia O. Alvarez, Justice Luz Elena O. Chapa, Justice

On November 7, 2012, this court issued an opinion dismissing this appeal for want of jurisdiction. Appellant timely filed a motion for rehearing asserting that the appeal should not have been dismissed because the October 31, 2012 order is a final, appealable order. Appellant’s motion for rehearing is DENIED. See TEX. R. APP. P. 49.3 (“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.”). However, we construe Appellant’s notice of appeal as prematurely filed for the final order dated October 31, 2012. Therefore, sua sponte, we WITHDRAW our opinion and judgment of November 7, 2012, in this appeal and REINSTATE this appeal on the court’s docket. The clerk’s and reporter’s records have been filed. A supplemental clerk’s record containing a copy of the October 31, 2012 order has also been filed. See id. R. 34.5(c)(1). Appellant’s brief is due thirty days from the date of this order. See id. R. 38.6(a).

PER CURIAM

ATTESTED TO:____________________________ Keith E. Hottle, Clerk of Court MINUTES Court of Appeals Fourth Court of Appeals District San Antonio, Texas

February 27, 2013

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2004-CI-13517 Dick Alcala, Judge Presiding

ORDER Sitting: Catherine Stone, Chief Justice Patricia O. Alvarez, Justice Luz Elena O. Chapa, Justice

On November 7, 2012, this court issued an opinion dismissing this appeal for want of jurisdiction. Appellant timely filed a motion for rehearing asserting that the appeal should not have been dismissed because the October 31, 2012 order is a final, appealable order. Appellant’s motion for rehearing is DENIED. See TEX. R. APP. P. 49.3 (“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.”). However, we construe Appellant’s notice of appeal as prematurely filed for the final order dated October 31, 2012. Therefore, sua sponte, we WITHDRAW our opinion and judgment of November 7, 2012, in this appeal and REINSTATE this appeal on the court’s docket. The clerk’s and reporter’s records have been filed. A supplemental clerk’s record containing a copy of the October 31, 2012 order has also been filed. See id. R. 34.5(c)(1). Appellant’s brief is due thirty days from the date of this order. See id. R. 38.6(a).

ATTESTED TO:_/S/ Keith E. Hottle Keith E. Hottle, Clerk of Court

ENTERED THIS 27TH DAY OF February, 2013. VOL. _____ PAGE _______