COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Jesus Garcia v. MTZ Trucking, Inc. Appellate case number: 01-18-00733-CV Trial court case number: 2015-55326 Trial court: 113th District Court of Harris County This Court’s memorandum opinion and judgment in the above-referenced appeal issued on August 8, 2019. The August 8, 2019 memorandum opinion and judgment are withdrawn and the cause is reinstated on the Court’s active docket. See Univ. of Tex. Health Sci. Ctr. v. Gutierrez, 237 S.W.3d 869, 870 (Tex. App.—Houston [1st Dist.] 2007, pet. denied) (withdrawing opinion and judgment sua sponte within Court’s plenary power); see also TEX. R. APP. P. 19.1 (“Plenary Power of Courts of Appeals”). The June 12, 2019 submission date remains unchanged.

It is so ORDERED.

Judge’s signature: ____/s/ Julie Countiss____  Acting individually  Acting for the Court

Date: __August 13, 2019___