Opinion
05-23-01000-CV
06-06-2024
HEALTHY HOME 365, LLC, ET AL., Appellants v. PREMIUM HOME EFFICIENCY, LLC, ET AL., Appellees
On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-03625
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
On January 17, 2023, defendant Trent Waldo filed a notice of nonsuit of his counterclaim against Chad Dalida and Anton Kraskin. The docket sheet in the clerk's record reflects that the trial court signed an order of nonsuit on the same date. In response to our request for a supplemental clerk's record with the order of nonsuit, the District Clerk's Office filed a letter stating that there is no order of nonsuit in the system. Because the signing of an order of nonsuit is a ministerial duty, we ORDER the Honorable Eric Moye, Presiding Judge of the 14th Judicial District Court, to sign, WITHIN FIFTEEN DAYS of today's date, an order granting Trent Waldo's nonsuit of his counterclaim against Chad Dalida and Anton Kraskin. See FKMP'ship, Ltd. v. Bd. of Regents of Univ. of Houston Sys., 255 S.W.3d 619, 632 (Tex. 2008) (entry of order granting nonsuit is ministerial).
We ORDER Dallas County District Clerk Felicia Pitre to file, WITHIN TWENTY DAYS of the date of this order, a supplemental clerk's record containing the order of nonsuit.
We DIRECT the Clerk of this Court to send a copy of this order to Judge Moye; Ms. Pitre; and all parties.