Court of Appeals of Texas, Austin.
Norman ENGEL, Appellant
v.
TEXAS DEPARTMENT OF INSURANCE-DIVISION OF WORKERS’ COMPENSATION and Commissioner Cassie Brown, in Her Official Capacity; The State of Texas and the Attorney General of the State of Texas by and through Ken Paxton in His Official Capacity as Attorney General of the State of Texas; and Illinois National Insurance Company, Appellees
NO. 03-23-00077-CV
|
Publication Ordered June 13, 2023
FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY, NO. D-1-GN-19-001342, THE HONORABLE KARIN CRUMP, JUDGE PRESIDING
Attorneys & Firms
Dennis M. McKinney, for Appellees Texas Department of Insurance-Division of Workers’ Compensation and Commissioner Cassie Brown, in Her Official Capacity, The State of Texas and the Attorney General of the State of Texas by and through Ken Paxton in His Official Capacity as Attorney General of the State of Texas.
John V. Fundis, for Appellee Illinois National Insurance Company.
Bradley Dean McClellan, for Appellant.
Before Justices Baker, Smith, and Jones
ORDER
PER CURIAM
*1 On March 14, 2023, we notified appellant Norman Engel that no clerk’s record had been filed and requested that he make arrangments for the clerk’s record and submit a status report to the Court. We further advised that his failure to comply with this request could result in the dismissal of his appeal. After appellant failed to file status report or otherwise respond to our notice, on April 21, 2023, we dismissed the appeal for want of prosecution. See Engel v. Texas Dep’t of Insur.-Division of Workers’ Comp., No. 03-23-00077-CV, 2023 WL 3042311, at *1 (Tex. App.—Austin Apr. 21, 2023, no pet. h.) (mem. op.).
On May 2, 2023, the clerk’s record was filed with this Court.
Appellant has now filed a motion for rehearing, which the appellees have not opposed, explaining that due to extenuating personal circumstances he was unable to make arrangements for the clerk’s record before our dismissal. We grant Engel’s motion for rehearing, withdraw our opinion and judgment dated April 21, 2023, and reinstate this appeal. We order appellant to file his appellant’s brief on or before July 13, 2023.
It is ordered on June 13, 2023.