for the Best Interest and Protection of C. G. ( 2014 )

NUMBER 13-13-00422-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
FOR THE BEST INTEREST AND PROTECTION OF C.G.
On appeal from the Probate Court
of Hidalgo County, Texas.
ORDER
Before Chief Justice Valdez and Justices Benavides, and Longoria
Order Per Curiam
This Court issued an opinion in this case on June 19, 2014. Appellant, C.G., filed
a motion for rehearing requesting that this Court reconsider the costs assessed against
her. The Court requested that appellee file a response thereto, but no response has
been filed.
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The Court notes that appellant’s counsel did not comply with Texas Rule of Civil
Procedure 145 at the trial court level, which sets forth the proper procedure to establish
indigency. See TEX. R. CIV. P. 145. Further, appellant’s counsel did not comply with
Texas Rule of Appellate Procedure 20.1, which is the procedure to establish indigency
during the pendency of an appeal. See TEX. R. APP. P. 20.1. However, having re-
examined the record and fully considered the motion for rehearing, and given our ability
under Texas Rule of Appellate Procedure 43.4 to re-assess costs “for good cause,” this
Court is of the opinion that the motion should be and is GRANTED. See TEX. R. APP. P.
43.4.
We vacate and withdraw the judgment that we issued on June 19, 2014, however,
the opinion previously issued in this cause will not be withdrawn. See id. R.
42.1(a)(2)(A).
PER CURIAM
Delivered and filed the
30th day of September, 2014.
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