Lisa Welcome v. Texas Roadhouse, Inc., Texas Roadhouse of Friendswood, Ltd., Texas Roadhouse Management Corp., Texas Roadhouse Holdings, LLC and Roadhouse Enterprises, Inc.

• Court: Court of Appeals of Texas
• Decided: January 23, 2014
• Docket: 01-12-00317-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Lisa Welcome v. Texas Roadhouse, Inc.

Appellate case number: 01-12-00317-CV

Trial court case number: 2009-13776

Trial court: 80th District Court of Harris County

On January 9, 2014, the Court dismissed this appeal for lack of prosecution for failure to timely file a brief. See TEX. R. APP. P. 38.6(a) (governing time to file brief), 38.8(a) (governing appellant’s failure to file brief). Appellant, however, filed a pro se brief with the Clerk of this Court on January 8, 2014. Accordingly, we withdraw our January 9, 2014 opinion and judgment, and reinstate the cause on the Court’s docket. See Univ. of Tex. Health Sci. Ctr. v. Gutierrez, 237 S.W.3d 869, 870 (Tex. App.—Houston [1st Dist.] 2007, pet. denied) (withdrawing opinion and judgment sua sponte within Court’s plenary power).

Appellee’s brief, if any, is due to be filed within 30 days of the date of this order. See TEX. R. APP. P. 38.6(b).

It is so ORDERED.

Judge’s signature: /s/ Justice Jim Sharp  Acting individually  Acting for the Court Panel consists of Justices Jennings, Sharp, and Brown.

Date: January 23, 2014