Norma David v. Virginia David

Order issued July 17, 2012
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00495-CV
NORMA DAVID, Appellant
V.
VIRGINIA DAVID, Appellee
On Appeal from 165th District Court
Harris County, Texas
Trial Court Cause No. 2007-70840
MEMORANDUM ORDER
By memorandum opinion dated July 12, 2012, the Court dismissed this appeal
for want of prosecution on the ground that appellant had failed to timely pay the
required filing fee. See TEX. R. APP. P. 5 (requiring payment of fees in civil cases
unless indigent), 20.1 (listing requirements for establishing indigence); see also
TEX. GOV’T CODE ANN. §.51.207 (Vernon Supp. 2011), §.51.941(a) (Vernon 2005),
§ 101.041 (Vernon Supp. 2011) (listing fees in court of appeals); Order Regarding
Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals and
Before the Judicial Panel on Multidistrict Litigation, Misc. Docket No. 07-9138
(Tex. Aug. 28, 2007), reprinted in TEX. R. APP. P. app. A § B(1) (listing fees in court
of appeals). Through no fault of counsel, a posting error occurred here at the Court.
Appellant had paid the filing fee before we dismissed the case.
Accordingly, we withdraw our opinion, vacate the judgment, and reinstate the
appeal. The clerk’s record has been filed. The deadline to file the reporter’s
record is extended to 30 days from the date of this order. Appellant will have 30
days from the filing of the reporter’s record to file her brief.
It is so ORDERED.
PER CURIAM
Panel consists of Justices Bland, Massengale, and Brown.
2