Larry Polsky, Esq. v. Sheriff Omar Lucio and Cameron County

• Court: Court of Appeals of Texas
• Decided: May 2, 2019
• Docket: 13-19-00062-CV
• Status: Published

Opinion

NUMBER 13-19-00062-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

LARRY MARK POLSKY, Appellant,

v.

SHERIFF OMAR LUCIO AND Appellees. CAMERON COUNTY, ____________________________________________________________

On appeal from the 445th District Court of Cameron County, Texas. ____________________________________________________________

ORDER Before Chief Justice Contreras and Justices Longoria and Perkes Order Per Curiam

This cause is before the Court on appellant’s motions to withdraw opinion and

judgment, reinstate, and for extension of time to file the clerk’s record. This Court

previously issued a memorandum opinion dismissing Cause No. 13-19-00062-CR for

want of prosecution after appellant failed to comply with the Court’s ten-day notice to pay for the clerk’s record and provide proof of payment. Appellant has provided the Court

with evidence that he made such a payment, but mistakenly relied on the district clerk to

inform the Court. In the interest of justice, the Court is of the opinion that appellant's

motions should be granted. Accordingly, we withdraw our previous opinion and

judgment, reinstate the case, and extend the deadline to file the clerk’s record until May

31, 2019.

It is so ORDERED.

PER CURIAM

Delivered and filed the 2nd day of May, 2019.