Order filed September 17, 2013.

In The Fourteenth Court of Appeals ____________ NO. 14-12-00964-CV ____________ ROBERT HOLMES, Appellant V. CRAIG CASSEL, Appellee

On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2011-32230

ORDER This court issued a Substitute Memorandum Opinion and judgment affirming the trial court’s judgment on August 15, 2013. Appellant’s motion for rehearing was due within 15 days after this court’s judgment was rendered. See Tex. App. P. 49.1. Therefore, appellant’s motion for rehearing was due on August 30, 2013. Appellant’s motion for rehearing was e-filed on September 13, 2013, however.

If a motion for rehearing is filed within 15 days of its due date, a party may filed a motion for extension of time. See Tex. R. App. P. 49.8. Appellant’s motion was filed within 15 days of its due date, but no motion for extension of time was filed.

Accordingly, we ORDER appellant to file a proper motion to extend time, to file the motion for reconsideration, in accordance with Rules 10.5(b) and 49.8, within 10 days of the date of this order. If appellant does not comply with this order, the court will strike the motion for rehearing as untimely. See Tex. R. App. P. 49.1.

PER CURIAM