Nashin Manohar v. Priti Manohar

NUMBER 13-14-00658-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ NASHIN MANOHAR, Appellant, v. PRITI MANOHAR, Appellee. ____________________________________________________________ On appeal from the County Court at Law No. 8 of Hidalgo County, Texas. ____________________________________________________________ ORDER Before Chief Justice Valdez and Justices Rodriguez and Garza Order Per Curiam Appellant, Nashin Manohar, appealed a judgment entered by the County Court at Law No. 8 of Hidalgo County, Texas. On December 8, 2014, the Clerk of this Court notified appellant, in accordance with Texas Rule of Appellate Procedure 42.3(c), that we would dismiss this appeal unless the $195.00 filing fee was paid. See TEX. R. APP. P. 42.3(c). Appellant did not respond to the notice from the Clerk or pay the $195.00 filing fee. See id. R. 5, 12.1(b). Accordingly, on January 22, 2015, this Court dismissed the appeal. See Manohar v. Manohar, 13-14-00658-CV, 2015 WL 314692, at *1 (Tex. App.—Corpus Christi Jan. 22, 2015, no. pet. h.). Currently before the Court is appellant’s unopposed motion to reinstate the appeal, and upon reinstatement, abate the appeal in order for the trial court to conduct the appropriate hearing to effectuate the parties’ mediated settlement agreement. The Court, having examined and fully considered appellant’s unopposed motion, is of the opinion that it should be granted. Accordingly, we grant the motion to reinstate and abate the appeal. We withdraw our previous opinion and judgment. We abate this appeal and remand this matter to the trial court in order to “permit proceedings in the trial court to effectuate the agreement.” See TEX. R. APP. P. 42.1(a)(2)(C). The parties are instructed to report to this Court regarding the trial court proceedings on abatement and to file an appropriate motion to reinstate the appeal, or motion to dismiss the appeal, as necessary, within thirty days of the date of this order. Further, appellant is hereby directed to pay the $195.00 filing fee for this appeal within fifteen days from the date of this order. PER CURIAM Delivered and filed the 12th day of February, 2015. 2