Opinion
No. 08-13-00065-CV
2013-09-25
JP Morgan Chase Bank, N.A., Appellant, v. Del Mar Properties, LP, a Texas Limited Partnership, Appellee.
Appeal from the
34th District Court
of El Paso County, Texas
(TC# 2009-2058)
ORDER
Appellant JPMorgan Chase Bank, N.A. has filed a motion requesting that the Court modify its order dated September 11, 2013 because the order did not accurately reflect the stipulation previously filed by Appellee Del Mar Properties, L.P. The motion is granted. The order dated September 11, 2013 is withdrawn. The following order addresses JPMorgan Chase Bank's motion to confirm that the clerk's record has been corrected in accordance with the stipulation and its motion for an extension of time to file its reply brief. The motion is granted in part and denied in part.
The Court has filed Del Mar Properties' stipulation that the order of non-suit signed by the trial court on November 16, 2012 contains a typographical error because it erroneously recites that Appellee Del Mar Properties orally non-suited GMAC Mortgage Corporation on November 15, 2012. The Court will accept the parties' stipulation that Del Mar Properties orally moved to non-suit GMAC Mortgage Corporation on November 16, 2012. However, the stipulation does not have the effect of actually changing or correcting the recitations in the trial court's order or correcting a document filed in the clerk's record. Actual correction of the trial court's order can only be accomplished by the trial court's entry of a nunc pro tunc order, and that order can be made part of the appellate record by the filing of a supplemental clerk's record in this Court. We therefore deny JPMorgan Chase Bank's request to confirm that the clerk's record has been corrected.
The Court grants JP Morgan Chase Bank's motion for an extension of time to file its reply brief. The reply brief is due to filed no later than October 11, 2013.
IT IS SO ORDERED this 25th day of September, 2013.
PER CURIAM Before McClure, C.J., Rivera and Rodriguez, JJ.