Fourth Court of Appeals San Antonio, Texas December 30, 2020 No. 04-20-00407-CV Marian HADDAD, Appellant v. TRI-COUNTY A/C & HEATING, LLC, Appellee From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 16-0908-CV Honorable Gary L. Steel, Judge Presiding ORDER Sitting en banc: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice 1 Luz Elena Chapa, Justice 2 Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice On September 30, 2020, a panel of this court dismissed this appeal for want of jurisdiction based on a late-filed notice of appeal. On October 30, 2020, Appellant filed a motion for en banc reconsideration, see Tex. R. App. P. 49.7, without requesting an extension of time to file the motion, see Tex. R. App. P. 49.8. The en banc court sua sponte extended the deadline for Appellant to file a motion for extension of time, which she filed on November 23, 2020. We requested Appellee to file a response to Appellant’s motion for en banc consideration, which the Appellee then filed on December 3, 2020. After consideration, the motion for en banc reconsideration is DENIED.

_________________________________ Rebeca C. Martinez, Justice Justice Alvarez dissents with opinion.

Justice Chapa dissents to the denial of the motion for en banc reconsideration and joins Justice Alvarez’s opinion dissenting from the denial.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of December, 2020.

___________________________________ Michael A. Cruz, Clerk of Court