NUMBER 13-17-00265-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
BERTA GARZA, Appellant,
v.
THE ESTATE OF ERNESTINA OLIVAREZ, Appellee.
On Appellant’s First Amended Motion for Rehearing and
Motion to Extend Time to File Appellant’s Brief.
ORDER
Before Chief Justice Valdez and Justices Contreras and Hinojosa
Order Per Curiam
On December 7, 2017, this Court issued a memorandum opinion dismissing the
above-styled appeal for want of prosecution. Garza v. Estate of Olivarez, No. 13-17-
00265-CV, 2017 WL 6047653, at *1 (Tex. App.—Corpus Christi Dec. 7, 2017, no pet. h.)
(mem. op.). We noted that the appellant’s brief was due on October 18, 2017; that the
Clerk of this Court had notified appellant’s counsel that the brief had not been timely filed
and was subject to dismissal unless appellant reasonably explained the failure to timely
file the brief and appellee was not significantly injured by such failure; and that no
response had then been received from appellant. Id.
Appellant has now filed a motion for rehearing, a first amended motion for
rehearing, and a motion to extend time to file appellant’s brief. Appellant’s counsel states
in the motion to extend time that he is a sole practitioner who is in the process of
terminating his litigation practice and, due to oversight, did not see the notice from the
Clerk of this Court. Appellant asks that the time for filing the brief be extended to January
18, 2018. Appellee is opposed to the motion for rehearing and has filed a response
thereto.
The Court, having fully examined and considered appellant’s motions and
appellee’s response, is of the opinion that, in the interest of justice, appellant’s motions
should be granted. The Court, however, looks with disfavor upon the delay caused by
counsel’s failure to have timely filed a brief in this matter.
Appellant’s first amended motion for rehearing is hereby GRANTED. Through this
order, we withdraw the opinion and judgment previously issued in this cause and order
that this appeal is active on the Court’s docket.
Appellant’s motion to extend time to file appellant’s brief is also GRANTED, and
the Hon. Alex Moreno Jr., counsel for appellant, is hereby ORDERED to file the appellate
brief with this Court on or before January 18, 2018. No further extensions will be granted
to appellant in this matter.
The Clerk of this Court is ORDERED to serve a copy of this order on the Hon. Alex
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Moreno Jr. by certified mail, return receipt requested.
PER CURIAM
Delivered and filed the
12th day of January, 2018.
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