SABRINA COLEMAN APPELLANT v. SCOTT SHERWOOD AS DEPENDENT ADMINISTRATOR OF THE ESTATE OF DUDLEY COLEMAN DECEASED SONDRA GAIL COLEMAN AND SAMUEL HENARD COLEMAN APPELLEES (2017)

ORDER ON UNOPPOSED MOTION TO REINSTATE

By opinion and judgment dated February 23, 2017, this appeal was dismissed for failure to pay the required filing fee. The filing fee has now been paid accompanied by Sabrina Coleman's Unopposed Motion to Reinstate. We grant the motion.

As a reasonable explanation for the failure to pay the filing fee, Ms. Coleman explains that the notice requesting payment of the filing fee was sent to trial counsel, D. Chris Harkins, instead of appellate counsel and due to a miscommunication, the fee was not paid.¹ Under the Texas Rules of Appellate Procedure, all notices and other communications from this court are to be sent to “lead counsel” on appeal. TEX. R. APP. P. 6.3(a). Unless another attorney is designated, lead counsel for an appellant is the attorney whose signature first appears on the notice of appeal—in this case, Mr. Harkins. TEX. R. APP. P. 6.1(a). Unless and until another attorney is appropriately designated as lead counsel for Ms. Coleman, Mr. Harkins will remain “lead counsel.” TEX. R. APP. P. 6.1(c).

Ms. Coleman's Unopposed Motion to Reinstate is granted. The appellate record was due to be filed on February 3, 2017. The court, sua sponte, grants an extension of time in which to file the appellate record to April 7, 2017.

It is so ordered.

FOOTNOTES

1.   Both trial counsel and appellate counsel practice at the same law firm.

Per Curiam