Vinson Corrosion Control Servs., Inc. v. Walker Cnty., 559 S.W.3d 580 (2018)

Feb. 21, 2018 · Court of Appeals of Texas, Waco · No. 10-17-00337-CV

559 S.W.3d 580

VINSON CORROSION CONTROL SERVICES, INC. and Nathan D. Vinson, Appellants
v.
WALKER COUNTY, Texas, Appellee

No. 10-17-00337-CV

Court of Appeals of Texas, Waco.

Order issued and filed February 21, 2018

Christopher A. Beck, Baker & Beck PLLC, Conroe, TX, for Appellant/Relator.

Frank Blazek & Alvin Martin, Smither Martin Henderson & Blazek PC, Huntsville, TX, for Appellees/Respondents.

Before Chief Justice Gray, Justice Davis, and Justice Scoggins

ORDER GRANTING REHEARING AND WITHDRAWAL OF OPINION

PER CURIAM

On January 31, 2018, we dismissed this appeal filed by appellants, Vinson Corrosion Control Services, Inc. and Nathan D. Vinson, for failing to pay or make arrangements to pay the clerk's fees for preparation of the record.¹ See generally Vinson Corrosion Control Servs. v. Walker County , No. 10-17-00337-CV, 2018 WL 683756, 2018 Tex. App. LEXIS 888 (Tex. App.-Waco Jan. 31, 2018, no pet. h.) (mem. op.). On February 7, 2018, appellants paid for the Clerk's Record and filed a motion to reinstate this appeal. We grant appellants' motion to reinstate this appeal and withdraw our memorandum opinion and judgment issued on January 31, 2018.

1 The record reflects that the Clerk's Record was originally due on November 27, 2017. On December 12, 2017, we informed appellants that they had not paid or made arrangements to pay: (1) the clerk's fees for preparation of the record; and (2) this Court's filing fee. As such, we warned appellants that this appeal would be dismissed for want of prosecution, unless they paid or made arrangements to pay the appropriate fees and notified this Court of the actions taken within twenty-one days of December 12, 2017. Despite an untimely January 5, 2018 notice stating that they were making arrangements to pay for the Clerk's Record, the Clerk's Record still had not been filed by the date we issued our original opinion in this matter.