COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER ON MOTION FOR REHEARING
Appellate case name: Rose Patricia Ann Shields, Oscar Urbina, and Arnold Shields,
Individually, d/b/a Galveston Service Company, d/b/a Blu
Shields Construction v. Commercial State Bank, Douglas
Faver, Suzanne Hubbard, Daniel Jurgena, Roxanne
Tomolialo, Joseph Cox, Thomas Walsh and Gina F.
Dominique
Appellate case number: 01-16-00643-CV
Trial court case number: 2015-06750
Trial court: 129th District Court of Harris County
This Court’s March 7, 2017 Memorandum Order had dismissed Blu Shields
Construction, LLC, as an appellant in this appeal for want of prosecution because
appellants had failed to retain counsel for the corporation. On October 16, 2017,
appellants filed a motion for rehearing of this Memorandum Order because they have
recently retained counsel for appellants and filed an amended brief. Thus, appellants
request withdrawal of the Memorandum Order and reinstatement of Blu Shields
Construction, LLC, as an appellant. The Clerk of this Court requested a response on
October 20, 2017. See TEX. R. APP. P. 49.2. On October 27, 2017, appellees filed
responses, stating that they do not oppose reinstatement, and second extension requests to
file their briefs by November 27, 2017. The Clerk of this Court granted the extensions.
Accordingly, the Court grants appellants’ motion for rehearing, withdraws our
March 7, 2017 Memorandum Order, and reinstates Blu Shields Construction, LLC, as an
appellant. See TEX. R. APP. P. 43.6, 44.3, 49.2. The Clerk of this Court is directed to
add Blu Shields Construction, LLC, as an appellant. Finally, appellees’ briefs, if any,
remain due by November 27, 2017. See id. 38.6(b), (d).
It is so ORDERED.
Judge’s signature: /s/ Laura C. Higley
Acting for the Court
Panel consists of: Justices Jennings, Higley, and Massengale.
Date: November 2, 2017