Michael Idrogo v. Monica Gonzalez

Monica Gonzalez, Et
Fourth Court of Appeals
San Antonio, Texas
January 28, 2014
No. 04-13-00684-CV
Michael IDROGO,
Appellant
v.
Monica GONZALEZ, et al.,
Appellees
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CI-21149
Honorable Larry Noll, Judge Presiding
ORDER
Sitting: Catherine Stone, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
On December 31, 2013, after Appellant Michael Idrogo failed to comply with our order
regarding his failure to pay for the clerk’s record, we dismissed this appeal for want of
prosecution. On January 16, 2014, Appellant filed a petition for review in the Texas Supreme
Court. On January 17, 2014, Appellant filed an “Objection and Motion to Set Aside Order of
December 31, 2013.”
We construe Appellant’s January 17, 2014 motion as a motion for rehearing. Appellant’s
motion for rehearing is DENIED. See TEX. R. APP. P. 49.1 (motion for rehearing); id. R. 19.2
(“In a civil case, the court of appeals retains plenary power to vacate or modify its judgment
during the periods prescribed in [Rule] 19.1 even if a party has filed a petition for review in the
Supreme Court.”).
It is so ORDERED on January 28, 2014.
PER CURIAM
ATTESTED TO: __________________________________
Keith E. Hottle
Clerk of Court