Opinion
05-23-00872-CV
03-28-2024
PURE DENTISTRY PLLC, ET AL., Appellants v. BANK OF AMERICA, N.A., Appellee
On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-16115
ORDER
KEN MOLBERG JUSTICE
Appellants appeal from the trial court's August 7, 2023 amended order granting turnover relief and appointing a receiver. Before the Court is appellee's March 8, 2024 unopposed motion to reset the briefing schedule following the trial court signing a second amended order granting turnover relief and appointing a receiver. Although the parties suggest a new notice of appeal regarding the second amended order may be necessary, we have jurisdiction over this order. See Tex.R.App.P. 27.3. (where order on appeal is modified, appellate court must treat appeal as from subsequent order). We GRANT the motion as follows. We ORDER Dallas County Clerk Felicia Pitre and Official Court Reporter Antionette Reagor to file, on or before April 17, 2024, their respective supplemental records as designated by the parties. We STRIKE appellants' brief filed on January 10, 2024. Appellants shall file their opening brief on or before May 7, 2024. Appellee's brief will be due within thirty days of the filing of appellants' brief.
We note the second amended order is dated January 12, 2024. In the parties' motion, they explain that date is an error and the order was signed on February 12, 2024, the date appellee's motion to amend was heard. Because the date appears to be clerical error, the parties can correct the error by obtaining a nunc pro tunc. See Tex. R. Civ. P. 316.
We DIRECT the Clerk of this Court to send a copy of this order the Honorable Martin Hoffman, Presiding Judge of the 68th Judicial District Court; Ms. Pitre; Ms. Reagor; and, all parties.