Opinion
05-22-01190-CV
01-05-2023
JOHN CLENDENING, Appellant v. BLUCORA, INC., Appellee
On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-22-03304-E
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
In a non-accelerated appeal, a notice of appeal is due within thirty days of the date of the judgment or, if certain post-judgment motions are filed, within ninety days of the date of judgment. See Tex. R. App. P. 26.1. The judgment in the clerk's record does not reflect the date it was signed. Without the date of the judgment, the timeliness of the appeal cannot be determined.
The omission of the date of signing is a clerical error which may be corrected by a judgment nunc pro tunc. See Cyrus v. State, 601 S.W.2d 776, 777 (Tex. Civ. App.-Dallas 1980), writ refused n.r.e.). Accordingly, we ORDER the trial court to sign, on or before January 20, 2023, a judgment nunc pro tunc reflecting the date the judgment was signed.
We ORDER Dallas County Clerk John Warren to file, on or before January 25, 2023, a supplemental clerk's record containing a copy of the judgment nunc pro tunc.
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Juan Renteria, Presiding Judge of County Court at Law No. 5; Mr. Warren; and, all parties.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. The appeal will be reinstated no later than January 30, 2023.