Fourth Court of Appeals
San Antonio, Texas
February 27, 2013
No. 04-12-00395-CV
IN THE INTEREST OF C.M., A CHILD,
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2004-CI-13517
Dick Alcala, Judge Presiding
ORDER
Sitting: Catherine Stone, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena O. Chapa, Justice
On November 7, 2012, this court issued an opinion dismissing this appeal for want of
jurisdiction. Appellant timely filed a motion for rehearing asserting that the appeal should not
have been dismissed because the October 31, 2012 order is a final, appealable order.
Appellant’s motion for rehearing is DENIED. See TEX. R. APP. P. 49.3 (“A motion for
rehearing may be granted by a majority of the justices who participated in the decision of the
case. Otherwise, it must be denied.”).
However, we construe Appellant’s notice of appeal as prematurely filed for the final
order dated October 31, 2012. Therefore, sua sponte, we WITHDRAW our opinion and
judgment of November 7, 2012, in this appeal and REINSTATE this appeal on the court’s
docket.
The clerk’s and reporter’s records have been filed. A supplemental clerk’s record
containing a copy of the October 31, 2012 order has also been filed. See id. R. 34.5(c)(1).
Appellant’s brief is due thirty days from the date of this order. See id. R. 38.6(a).
PER CURIAM
ATTESTED TO:____________________________
Keith E. Hottle, Clerk of Court
MINUTES
Court of Appeals
Fourth Court of Appeals District
San Antonio, Texas
February 27, 2013
No. 04-12-00395-CV
IN THE INTEREST OF C.M., A CHILD,
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2004-CI-13517
Dick Alcala, Judge Presiding
ORDER
Sitting: Catherine Stone, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena O. Chapa, Justice
On November 7, 2012, this court issued an opinion dismissing this appeal for want of
jurisdiction. Appellant timely filed a motion for rehearing asserting that the appeal should not
have been dismissed because the October 31, 2012 order is a final, appealable order.
Appellant’s motion for rehearing is DENIED. See TEX. R. APP. P. 49.3 (“A motion for
rehearing may be granted by a majority of the justices who participated in the decision of the
case. Otherwise, it must be denied.”).
However, we construe Appellant’s notice of appeal as prematurely filed for the final
order dated October 31, 2012. Therefore, sua sponte, we WITHDRAW our opinion and
judgment of November 7, 2012, in this appeal and REINSTATE this appeal on the court’s
docket.
The clerk’s and reporter’s records have been filed. A supplemental clerk’s record
containing a copy of the October 31, 2012 order has also been filed. See id. R. 34.5(c)(1).
Appellant’s brief is due thirty days from the date of this order. See id. R. 38.6(a).
PER CURIAM
ATTESTED TO:_/S/ Keith E. Hottle
Keith E. Hottle, Clerk of Court
ENTERED THIS 27TH DAY OF February, 2013.
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