Opinion
01-22-00374-CV
06-20-2023
Marsha Cooper-Jackson v. Cantanmount Properties 2018 LLC
Trial court: County Civil Court at Law No. 1 of Harris County, Trial court case number: 1182952.
ORDER
Peter Kelly, Judge.
On January 26, 2023, this Court issued an opinion dismissing this appeal for want of prosecution because appellant failed to file a brief despite notice that the appeal might be dismissed unless appellant filed a brief or motion for extension of time to file a brief by September 29, 2022. No brief or motion for extension was filed. Accordingly, the appeal was dismissed. The deadline to file motion for rehearing was February 10, 2023. Appellant filed no motion for rehearing.
On February 22, 2023, appellant filed a motion to reinstate. On March 2, 2023, appellant filed a motion for continuance. The Court denied both motions on April 25, 2023. Mandate issued on April 28, 2023. On June 13, 2023, appellant filed another motion to reinstate.
An appellate court's plenary power expires 30 days after it overrules all timely filed motions for rehearing and for en banc reconsideration. See Tex. R. App. P. 19.1(b). After plenary power expires, an appellate court may not vacate or modify its judgment, but it may correct a clerical error in its judgment or opinion, issue and its recall mandate as provided by the rules, enforce or suspend enforcement of its judgment as provided by law, order or modify the amount and type of security required to suspend a judgment, decide sufficiency of the sureties under rule 24, and order its opinion published. See Tex. R. App. P. 19.3.
Because our mandate issued on April 28, 2023, the Court lacks plenary power to take any further action in this case on the motion filed on June 13, 2023. Future filings, if any, will be marked as filed, but no action will be taken.
It is so ORDERED.