Opinion
05-23-00177-CV
12-13-2023
FIDEL LEAL, Appellant v. ABDULLKHLEK BESFKI AND DOSKY, INC. D/B/A THE AUTO PRO SHOP AND SHAWWA INVESTMENTS LLC D/B/A HILINE MOTORS, Appellees
On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-16842
ORDER
BILL PEDERSEN, III, JUSTICE
Appellant filed his brief on August 29, 2023. The brief was deficient and appellant was directed to file an amended brief. Because the appeal was abated at the time to allow the trial court an opportunity to make a written finding as to when appellant received notice of the final judgment, the deadline for the amended brief was set at ten days after the appeal was reinstated. The deadline was subsequently suspended pending the trial court's finding.
On October 30, 2023, after the trial court had made the requested finding, we reinstated the appeal and ordered appellant to file a supplemental brief addressing our jurisdiction because it appeared, from the trial court's finding, that the appeal had been untimely filed. Our order, which deferred the jurisdictional issue to submission did not, however, reset the deadline for the amended brief.
Appellant filed the supplemental brief on November 14, and noting the omission in our order concerning the amended brief, has filed a motion to clarify the date the amended brief is due. In the motion, appellant asks that we reconsider the deferral of the jurisdictional issue to submission and order the amended brief be filed only if we determine we have jurisdiction over the appeal. Alternatively, appellant asks that we grant leave to amend the brief to "supplement the authorities relied upon" and "narrow/reduce (not add to or expand) the issues raised."
We GRANT the motion TO THE EXTENT we ORDER the amended brief filed no later than January 5, 2024. The amended brief shall, for simplicity purposes, incorporate the jurisdictional arguments raised in the supplemental brief and may include supplemental authorities and "narrow/reduce" the issues raised. To avoid confusion, we STRIKE the brief filed August 29 and the supplemental brief filed November 14.
Appellees' brief shall be filed within thirty days of the filing of appellant's amended brief.