Opinion
05-23-01140-CV
02-07-2024
NICHOLAS D. MOSSER, Appellant v. FLAGSTAR BANK, FSB, ET AL., Appellees
On Appeal from the 471st Judicial District Court Collin County, Texas Trial Court Cause No. 471-04378-2023
ORDER
KEN MOLBERG JUSTICE
Before the Court is appellant's motion to clarify our December 27, 2023 order denying his motion to consolidate this appeal with appellate cause number 05-23-01139-CV involving the same parties. By opinion dated February 1, 2024, appellate cause number 05-23-01139 was dismissed for want of jurisdiction. Accordingly, we DENY appellant's motion to clarify as moot.
Also before the Court is appellant's January 25, 2024 motion for leave to file an appendix in lieu of a clerk's record. A five-volume 3,602 page clerk's record and a 962 page supplemental clerk's record have been filed in this appeal. Accordingly, we DENY appellant's motion.
The reporter's record is past due. By post-card notice dated December 11, 2023, the Court directed Official Court Reporter Denise Carrillo to file the reporter's record within thirty days. To date, Ms. Carrillo has not filed the reporter's record or otherwise communicated with the Court. Accordingly, we ORDER Ms. Carrillo to file, on or before February 27, 2024, either the reporter's record or written confirmation that appellant has not requested the reporter's record. We caution appellant that should the Court receive written confirmation of no request, the Court may order the appeal be submitted without the reporter's record. See Tex. R. App. P. 37.3(c).
We DIRECT the Clerk of this Court to send a copy of this order to Ms. Carrillo and all parties.