Seven Thousand Eight Hundred Ninety Dollars in United States Currency v. State of Texas

Opinion

Order entered August 22, 2022

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-00076-CV

SEVEN THOUSAND EIGHT HUNDRED NINETY DOLLARS IN UNITED STATES CURRENCY, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-00937

ORDER Before Chief Justice Burns and Justices Molberg and Goldstein

Before the Court are appellant’s August 18, 2022 motion for extension of

time to file his motion for rehearing and his motion for rehearing. In the motion

for extension of time appellant explains that he did not receive notice of our June

29, 2022 dismissal opinion and that he did not receive notice that he had “a hearing

to attend to.” According to appellant, the email address he provided to the Court

was typed into the system incorrectly, and he did not receive our email notifications. Our records show that appellant’s email address was incorrect, but

has now been corrected.

Under these circumstances, we GRANT appellant’s motion for an out of

time motion for rehearing and order the motion for rehearing received by the Court

on August 18, 2022 filed as of the date of this order. See TEX. R. APP. P. 4.5.

We DENY appellant’s motion for rehearing, but on the Court’s own motion,

we VACATE our opinion and judgment of June 29, 2022 and REINSTATE this

appeal. Appellant’s brief is due THIRTY DAYS from the date of this order. We

expressly caution appellant that failure to file his brief within that time will result

in the dismissal of this appeal without further notice. See TEX. R. APP. P. 38.8

(a)(1); 42.3(b), (c).

/s/ ROBERT D. BURNS, III CHIEF JUSTICE