NO. 05-17-01447-cv

PRIMESTAR CONSTRUCTION, INC. $ il\ THE COURT of APPEALS APPELLANT $

$ 5'n DISTRICT OF TEXAS AT DALLAS v.$

$ TRrAL COURT CAUSE NO. DC-17-0s460

CITY OF DALLAS $

APPELLEE

APPELLANT MOTION TO REINSTATE APPEAL

NOW COMES, Primestar Construction, Inc. ("Appellant"), to file this, her Motion for

Rehearing to Vacate the Order of Dismissal and Reinstate the Appeal, and respectfully shows the

Courl as follows:

On January 30, 2018, the Court of Appeals for the Fifth District of Texas at Dallas,

dismissed this case pursuant to Tex. R. App. P. 42. (3)b, (c). Appellant submits that the dismissal

of the appeal was not due to conscious indifference but rather caused by accident or mistake.

This matter was dismissed because the $205.00 filing fees were not paid, and the docketing

statement was not submitted. Due to clerical error, the undersigned attorney had not received the

post card mailings requesting the docketing statement and filing fees. However, both will be

submitted today.

Appellant believes that she has a meritorious claim and wishes to proceed with her

appeal. in light of the foregoing. Appellant requests that the Courl vacate the order of dismissal

entered into these proceedings and reinstate the case for appeal. Finally, since the time for filing

a brief has not occurred, Appellee, City of Dallas, will not be prejudiced by the relief requested

in this Motion.

ACCEPTED

05-17-01447-cv

FIFTH COURT OF APPEALS

DALLAS, TEXAS

1/31/2018 3:23 PM

LISA MATZ

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 01/31/2018 3:23:21 PM LISA MATZ Clerk
Respectfully submitted

By: /s/Lori C. Grav

LORI C. GRAY

State Bar No. 08327400

I 1500 Norlhwest Freeway

ste. 340

HOUSTON,TXT]092

Tel: (713) 457-1708

Fax: (713) 457-1710

lori graylaw@ gmail. com

Attorney for PRIMESTAR CONS'fRUCTION

Certificate of Service

I certify that on January 3 1 . 201 8 a true and comect copy of the foregoing Appellant's

Motion to Reinstate Appeal was served on the parties or attorneys of record via electronic mail

as follows:

Charles Estee

Assistant Dallas City Attorney

City Of Dallas/7bn Dallas Ciry Hall

1500 Marilla Street #7BN

Dallas, TX7520l

* DELIVERED VIA E,-MAIL *

Joseph Rutherford Willie II

Willie & Associates. P.C.

4151 Southwest Fwy

Ste. 490

Houston, TX77027-7307

* DELIVERED VIA E-MAIL *

/s/Lori C. Grav

LORI C. GRAY

Attorney for PRIMESTAR CONSTRUCTION
01/31/2018 1t 40Ait FAX 7134571710 LAlY OFFICE OF LOBI GRAY @000 r/0001

W]RIFICATION OF 4PPEI,I,ANT'S MOTION TO RFINSI]ATE APPEAI,

s]'nrE oF TLXAS $

COI.INTY OII HARRIS $

I, Lori c. Gray, under penalty of pcriuy, ancl upon my oath, state as foilows:

My narne is Lor:i C. Gray. I arn ovcr the age of eightccn years, havc never been convicted

of auy ctime, arrd compctent to rnake this Verification. I am the attorney ftrr tlie Appellarrt i1thc

I

stprled matter Primcslar construction, InQ. v. city of Dallas casc No. 05-17-01447-cv. I hercbv ---- - - J

vflifu that the facts ptovidecl in thc Ap1:ellant's Molion to Reinstate Appeal arc true and corrcct.

FpRTHER AI'FTANT SAYETH NAUGI.TT."

sutsscRIBEI) a.d swoRN'I'o BEFORE MJr, on rhe 3lstclay oI'January 20rg.

i ..';ir,i, < EtItDGElTE GAERTNER

i , ,i.- r-1, , 

Ntrlali P'll'l:c, State ol Texas

l.\ f. .,, 

t,!'/ Cornmission Explres ;: ...,,'\./ 

-\: "iI 

ve,Iri''r!

' .' ::,l JULY 16, ;:o1B 

-
NO. 05-17 -01447 -cv

PRIMESTAR CONSTRUCTION, INC. $ IN THE COURT of APPEALS APPELLANT $

$ 5,, DISTRICT OF TEXAS AT DALLAS v.$

$ TRrAL COURT CAUSE NO. DC-17-05460

CITY OF DALLAS $

APPELLEE

ORDER ON APPELLANT'S MOTION TO REINSTATE APPEAL

, 2018 the Courl considered the Appellant's Motion to

Reinstate Appeal of PRIMESTAR CONSTRUCTION, INC,

iT IS ORDERED that the order dismissing this case is set aside and that the case is

reinstated on the docket of this Court, to the same eflect as if it had never been dismissed.

SIGNED on

JUDGE PRESIDING

On