Opinion
13-23-00343-CV
09-18-2023
IN THE MATTER OF THE MARRIAGE OF JUAN DELGADO AND MARTHA DELGADO AND IN THE INTEREST OF A.D. AND S.D., CHILDREN
On appeal from the 45th District Court of Bexar County, Texas.
Before Chief Justice Contreras and Justices Benavides and Longoria
ORDER
PER CURIAM
This matter is before the Court on appellant's amended motion for rehearing. On August 30, 2023, the Court dismissed this appeal for want of prosecution on grounds that appellant had not requested or made payment arrangements for the clerk's record and had otherwise failed to respond to a notice from the Clerk of the Court requiring response or other action. See Tex. R. App. P. 37.3, 42.3(b),(c).
This case is before the Court on transfer from the Fourth Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See Tex. Gov't Code Ann. § 73.001.
On September 1, 2023, the clerk's record was received, and it appears the appellant had taken required steps to proceed with the appeal. The Court having received the clerk's record and having fully considered appellant's amended motion for rehearing is of the opinion that the amended motion is granted. Accordingly, we withdraw the memorandum opinion and judgment that were previously issued on August 30, 2023, in this appeal. This cause remains pending before the Court. We caution the parties that our ruling on the amended motion for rehearing should not be construed as a ruling on the merits of this appeal. The briefing period shall commence, and appellant's brief is due on or before October 18, 2023.