World Wide Automotive Repair Paint Body v. Santander Consumer USA Inc.

Fourth Court of Appeals San Antonio, Texas November 15, 2017 No. 04-17-00622-CV WORLD WIDE AUTOMOTIVE REPAIR PAINT BODY, Appellant v. SANTANDER CONSUMER USA INC., Appellee From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2016-CI-08203 Honorable Laura Salinas, Judge Presiding ORDER Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice On November 1, 2017, this appeal was dismissed for Appellant’s failure to timely respond to our October 5, 2017 order that Appellant show cause in writing why the fee to prepare the clerk’s record had not been paid. On November 3, 2017, Appellant Jasmine Kemp, acting pro se, filed a motion asking this court to reinstate his appeal. He explained that he misunderstood the requirement to pay for the clerk’s and reporter’s records. We construe Appellant’s November 3, 2017 motion as a motion for rehearing and a motion to reinstate the appeal. See TEX. R. APP. P. 49.1. On November 13, 2017, Appellant filed a letter stating he has paid the fees for the clerk and the court reporter to prepare their respective records. This court requests that Appellee Santander Consumer USA Inc. file a response to Appellant’s motion for rehearing. See id. R. 49.2. If Appellee chooses to file a response, Appellee must file its response, or a motion for extension of time to file a response, within TEN DAYS of the date of this order. _________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of November, 2017. ___________________________________ KEITH E. HOTTLE, Clerk of Court