IN THE TENTH COURT OF APPEALS No. 10-17-00377-CV RODOLFO LUNE, SR., Appellant v. DARLA WOMACK CAPEHART, Appellee

From the 13th District Court Navarro County, Texas Trial Court No. D15-24244-CV

ORDER This appeal was dismissed on January 10, 2018 for appellant’s failure to file a docketing statement. See TEX. R. APP. P. 42.3(c). Appellant filed his docketing statement on January 11, 2018 and requested that this Court reinstate his appeal. Appellee has asserted that although she does not agree to the motion, appellant’s motion is unopposed by appellee.

Accordingly, appellant’s Motion to Reinstate Appeal is granted. The Court’s opinion and judgment dated January 10, 2018 are withdrawn, and the appeal is reinstated.

Appellant’s brief remains due on February 5, 2018.

PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion Granted Order issued and filed January 24, 2018

Lune v. Capehart Page 2