Rustton Webster v. Ashley Webster

Opinion

Fourth Court of Appeals

San Antonio, Texas

November 23, 2022

No. 04-22-00462-CV

Rustton WEBSTER,

Appellant

v.

Ashley WEBSTER,

Appellee

From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 19-0189-CV-A Honorable Jessica Crawford, Judge Presiding

ORDER

On July 15, 2022, Appellant filed a request for reporter’s record that was also his notice of appeal from a post-judgment hearing on July 13, 2022. On September 1, 2022, this court ordered Appellant to show cause why his appeal should not be dismissed for want of jurisdiction because the record contained no signed order from the trial court for the hearing. Appellant responded but provided no signed order. Appellant explained that he wanted to challenge the underlying mediated settlement agreement in the case, for which the trial court signed a final judgment on May 19, 2021. On October 12, 2022, this court dismissed Appellant’s appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

On October 27, 2022, Appellant filed a motion for extension of time to file a motion for rehearing. Then, on November 7, 2022, Appellant filed a letter with this court, stating in relevant part:

After reviewing the letter received from the court of appeals stating my appeal is being dismissed for want of jurisdiction. [sic] I have realized a motion for rehearing is proper procedures required by the court of appeals in every situation. Considering there is no signed order from the July 13, 2022, [sic] hearing, a motion for rehearing would end in the same result.

We now deny Appellant’s motion for extension of time to file a motion for rehearing as moot.

It is so ORDERED November 23, 2022.

PER CURIAM

ATTESTED TO:__________________________ MICHAEL A. CRUZ, CLERK OF COURT