Prince Kamal-Malik Muhammed-El AKA Terry Jerome Beck-El v. Kenneth Negbenebor, Cynthia D. Tilley and Mark Clarke ( 2011 )

Memorandum Opinion issued June 2, 2011, Withdrawn, and Order filed September 27, 2011. In The Fourteenth Court of Appeals ____________ NO. 14-11-00388-CV ____________ PRINCE KAMAL-MALIK MUHAMMED-EL aka TERRY JEROME BECK-EL, Appellant V. KENNETH NEGBENEBOR, CYNTHIA D. TILLEY and MARK CLARKE, Appellees On Appeal from the 240th District Court Fort Bend County, Texas Trial Court Cause No. 10-DCV-185518 ORDER On June 2, 2011, this court issued an opinion dismissing this appeal because the notice of appeal was filed more than 30 days after the trial court’s judgment was signed. See Tex. R. App. P. 25.1(a). On June 15, 2011, appellant filed a motion for rehearing, in which he requested leave to proceed with a restricted appeal as a party who did not participate in the hearing resulting in the judgment. See Tex. R. App. P. 30. On June 27, 2011, the court requested that appellees file a response to the motion on or before July 8, 2011. No response has been filed. According to the record on file with this court, appellant is entitled to proceed with a restricted appeal. On September 8, 2011, we granted appellant’s motion for rehearing and ordered the appeal reinstated. The court also ordered appellant to file a brief in this appeal on or before October 10, 2011. This court’s memorandum opinion issued June 2, 2011, is WITHDRAWN, and the June 2, 2011, judgment is ordered VACATED. PER CURIAM 2