Monica J. Graham v. Amegy Bank National Association

• Court: Court of Appeals of Texas
• Decided: June 11, 2013
• Docket: 14-13-00079-CV
• Status: Published

Opinion

Motion for Rehearing Granted; Memorandum Opinion issued April 18, 2013, Withdrawn and Dismissal Judgment Vacated; Appeal Reinstated; Order filed June 11, 2013.

In The

Fourteenth Court of Appeals ____________

NO. 14-13-00079-CV ____________

MONICA J. GRAHAM, Appellant

V.

AMEGY BANK NATIONAL ASSOCIATION, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Cause No. 979389

ORDER On April 18, 2013, this court dismissed this appeal for want of prosecution because appellant had not paid for preparation of the clerk’s record. See Tex. R. App. P. 37.3(b). Appellant had also failed to pay the appellate filing fee. See Tex. R. App. P. 5. On May 2, 2013, appellant filed a motion for rehearing, stating that payment had been made and asking the court to reinstate the appeal. The clerk’s record was filed May 2, 2013. The appellate filing fee was paid on May 7, 2013. On May 6, 2013, the court requested a response to appellant’s motion for rehearing. See Tex. R. App. P. 49.2. No response was filed.

Accordingly, we GRANT appellant’s motion for rehearing. This court’s memorandum opinion issued April 18, 2013, is WITHDRAWN, the April 18, 2013, dismissal judgment is VACATED, and the appeal is ordered REINSTATED.

Appellant’s brief shall be due on or before July 11, 2013.

PER CURIAM