Opinion
05-24-00979-CV
10-07-2024
WAYNE M. ENGLISH, Appellant/Cross-Appellee v. 4317 HOMEOWNERS' ASSOCIATION, INC., THE HARTFORD CONDOMINIUMS, A TEXAS NONPROFIT CORPORATION, GARY TAPP, MANOS GIOXARIS, AND JAMES(JIM) RICHARDS, Appellees/Cross-Appellants
On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-02027
ORDER
CORY L. CARLYLE JUSTICE
This appeal and cross-appeal follow the trial court's May 10, 2024 order granting appellees' motion for summary judgment on appellant's claims and July 23, 2024 order denying appellees' counter-claim for attorney's fees and costs. Asserting appellees' attorney's fees have been paid separately and the cross-appeal has no merit, appellant has filed a motion to dismiss the cross-appeal. Appellant has also filed a motion for an extension of time to file his brief based on an incomplete record and a motion for leave to exceed the page and word limit for the brief based on the underlying facts.
We DENY the motion to dismiss without addressing the merits and without prejudice to appellant raising the arguments raised in the motion in his cross-appellee's brief. We GRANT the extension motion TO THE EXTENT THAT we ORDER Dallas County District Clerk Felicia Pitre to file, no later than October 17, 2024, the supplemental clerk's record requested August 23, 2024. We further ORDER appellant to file his opening brief within thirty days of the filing of the supplemental record. As the brief has not been drafted, we DENY as premature the motion to exceed the page and word limit.
We DIRECT the Clerk of the Court to send a copy of this order to Ms. Pitre and the parties.