Rose Patricia Ann Shields, Oscar Urbina, Arnold Shields, Individually, D/B/A Galveston Service Company, D/B/A Blu Shields Construction, LLC v. Commercial State Bank, Douglas Faver, Suzanne Hubbard, Daniel Jurgena, Roxanne Tomolialo, Joseph Cox, Thomas Walsh and Gina F. Dominique ( 2017 )


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  •                               COURT OF APPEALS FOR THE
    FIRST DISTRICT OF TEXAS AT HOUSTON
    ORDER ON MOTION FOR REHEARING
    Appellate case name:        Rose Patricia Ann Shields, Oscar Urbina, and Arnold Shields,
    Individually, d/b/a Galveston Service Company, d/b/a Blu
    Shields Construction v. Commercial State Bank, Douglas
    Faver, Suzanne Hubbard, Daniel Jurgena, Roxanne
    Tomolialo, Joseph Cox, Thomas Walsh and Gina F.
    Dominique
    Appellate case number:      01-16-00643-CV
    Trial court case number:    2015-06750
    Trial court:                129th District Court of Harris County
    This Court’s March 7, 2017 Memorandum Order had dismissed Blu Shields
    Construction, LLC, as an appellant in this appeal for want of prosecution because
    appellants had failed to retain counsel for the corporation. On October 16, 2017,
    appellants filed a motion for rehearing of this Memorandum Order because they have
    recently retained counsel for appellants and filed an amended brief. Thus, appellants
    request withdrawal of the Memorandum Order and reinstatement of Blu Shields
    Construction, LLC, as an appellant. The Clerk of this Court requested a response on
    October 20, 2017. See TEX. R. APP. P. 49.2. On October 27, 2017, appellees filed
    responses, stating that they do not oppose reinstatement, and second extension requests to
    file their briefs by November 27, 2017. The Clerk of this Court granted the extensions.
    Accordingly, the Court grants appellants’ motion for rehearing, withdraws our
    March 7, 2017 Memorandum Order, and reinstates Blu Shields Construction, LLC, as an
    appellant. See TEX. R. APP. P. 43.6, 44.3, 49.2. The Clerk of this Court is directed to
    add Blu Shields Construction, LLC, as an appellant. Finally, appellees’ briefs, if any,
    remain due by November 27, 2017. See 
    id. 38.6(b), (d).
          It is so ORDERED.
    Judge’s signature: /s/ Laura C. Higley
     Acting for the Court
    Panel consists of: Justices Jennings, Higley, and Massengale.
    Date: November 2, 2017
    

Document Info

Docket Number: 01-16-00643-CV

Filed Date: 11/2/2017

Precedential Status: Precedential

Modified Date: 11/10/2017