Opinion
05-23-01002-CV
11-19-2024
MARGEAN ARNOLD AND DYRIAN STRONG, Appellants v. MICHAEL ANDREWS AND ALL OTHER OCCUPANTS, Appellees
On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-23-05306-B
Before Justices Partida-Kipness, Goldstein, and Miskel
ORDER
BONNIE L. GOLDSTEIN PRESIDING JUSTICE
Before the Court are appellant Dyrian Strong's October 28, 2024 motions for leave to correct the style of the case, to request the reporter's record, and to request en banc reconsideration of the Court's order submitting this appeal without a reporter's record. We also construe appellant's motion for en banc reconsideration of the Court's "decision to proceed on appeal without . . . Appellant's Amended Brief" as a motion for leave to file appellant's amended brief filed in this Court on February 26, 2024.
By letter dated December, 12, 2023, this Court informed appellant that the reporter's record had not been filed in this case and directed appellant to provide, within ten days, written verification that the reporter's record had been requested and that appellant had paid for, or made arrangements to pay for, the record or had been found entitled to proceed without payment of costs. See Tex. R. App. P. 35.3(b). Appellant failed to provide verification that the reporter's record had been requested or otherwise correspond with the Court regarding the status of the reporter's record and, on January 4, 2024, this Court ordered that this appeal be submitted without the reporter's record.
A motion for en banc reconsideration of an order issued by this Court must be filed within 15 days after the order is rendered. See Tex. R. App. P. 49.5. Given that ten months have passed since the date of this Court's order, appellant's motion for en banc reconsideration was not timely filed. In addition, en banc reconsideration "should not be ordered unless necessary to secure or maintain uniformity of the court's decisions or unless extraordinary circumstances require en banc consideration." See Tex. R. App. P. 41.2(c). We conclude that this standard has not been met. Accordingly, this Court's January 4, 2024 order remains in effect.
We DENY appellant's motion for en banc reconsideration and appellant's motion to request the reporter's record in this case.
We observe that appellant's motion also appears to request reconsideration of this Court's February 14, 2024 order denying appellant's February 12, 2024 motion for leave to file an amended brief as moot. The Court's order denied the motion as moot because the Court had sent appellant a February 13, 2024 letter regarding the amended brief submitted by appellant on February 12 and provided appellant with 10 days to correct certain deficiencies in that brief. Appellant filed an amended brief three days late on February 26, 2024. We thus construe appellant's motion presently before the Court in part as a motion for leave to file this February 26 amended brief.
We GRANT appellant's motion for leave to file appellant's February 26, 2024 amended brief and will consider this amended brief (already on file with the Court) in our review of this appeal.
Appellant also moves that the Court correct the style of this case. Although it is unclear what style corrections appellant requests, we will correct the style in this Court to match the style of the Order of Dismissal by County Court at Law No. 2 from which appellant appeals. Accordingly, the style shall be "Margean Arnold and Dyrian Strong v. Michael Andrews and All Other Occupants." To the extent that appellant requested a different style, we DENY appellant's motion to change the style of this appeal.
It is so ORDERED.