Opinion
05-24-00361-CV 05-24-00363-CV05-24-00555-CV
06-10-2024
AEROTEK, INC., Appellant v. LERONE BOYD, Appellee AEROTEK, INC., Appellant v. MICHAEL MARSHALL, Appellee AEROTEK, INC., Appellant v. TROJUAN CORNETT, Appellee
On Appeal from the 95th District Court Dallas County, Texas Trial Court Cause Nos. DC-24-03005, DC-24-03242, DC-24-03278
ORDER
BILL PEDERSEN, III JUSTICE.
These appeals stem from separate severance orders-the Boyd Severed Action, the Marshall Severed Action, and the Cornett Severed Action-in trial court cause number DC-18-00907 ("Original Action"). The clerk's and reporter's records have been filed in each appeal, triggering the deadline for the filing of appellant's brief.
Before the Court is appellees' May 14, 2024 letter asserting the clerk's records in the Boyd Severed Action and the Marshall Severed Action are deficient and suggesting the three appeals proceed on a joint record containing the items requested in the designations filed in each severed action. We construe appellees' letter as a motion to strike the clerk's record filed in each appeal and order the records be refiled as a single record, and we GRANT the motion. We STRIKE the records filed on May 10, 2024 in the Boyd Severed Action and the Marshall Severed Action and the record filed on June 4, 2024 in the Cornett Severed Action. To avoid confusion and ensure the record contains all necessary documents, we ORDER the parties to file a single designation of all items to be included in the clerk's record. The designation shall bear the cause numbers of all three severed actions and appeals and shall be filed no later than June 20, 2024. The clerk's record, also bearing the cause numbers of all three severed actions and appeals, shall be filed no later than July 10, 2024 and shall contain the documents unique to each severed action in separate volumes. By way of example, if the requested documents from the Original Action comprise three volumes and the requested documents from each Severed Action each comprise one volume, the requested documents from the Boyd Severed Action should be included in volume four, the requested documents from the Marshall Severed Action should be included in volume five, and the requested documents from the Cornett Severed Action should be included in volume six. Any requested document that cannot be located or does not exist shall be identified in writing.
We RESET the deadline for the filing of appellant's brief in each appeal to thirty days from the date the clerk's record is filed. We DENY as moot appellant's pending June 4, 2024 opposed first motion for an extension of time to file its brief in the Marshall Severed Action, appellate cause number 05-24-00363-CV.
We DIRECT the Clerk of the Court to send a copy of this order to Dallas County District Clerk Felicia Pitre and the parties.