Opinion
01-20-00114-CV
05-30-2024
Manisch Sohani and Anis Virani v. Nizar Sunesara
295th District Court of Harris County Trial court case number 2016-08068
ORDER
April L. Farris Judge
This Court issued a memorandum opinion and judgment on rehearing in the above-captioned case on January 31, 2023. This Court's mandate issued on March 22, 2024. Appellants have moved to recall the mandate, arguing that the mandate was not consistent with the January 31, 2023 memorandum opinion and judgment on rehearing. See Tex. R. App. P. 18.1 ("The clerk of the appellate court that rendered the judgment must issue a mandate in accordance with the judgment . . . .") (emphasis added); see also Tex. R. App. P. 18.7 (providing that mandate can be recalled); O'Neil v. Mack Trucks, Inc., 551 S.W.2d 32, 33 (Tex. 1977) (per curiam) (recalling mandate that did not conform to court's opinion and judgment).
We grant appellants' motion to recall the mandate. The Court orders the Clerk of this Court to recall the mandate issued in this case on March 22, 2024. It is further ordered that the Clerk of this Court instruct the clerk of the trial court below to immediately return the recalled mandate to the Clerk of this Court. Additionally, the Court orders the Clerk of this Court to issue a mandate that conforms to our January 31, 2023 memorandum opinion and judgment on rehearing. See O 'Neil, 551 S.W.2d at 33 (recalling mandate and stating that "[t]he mandate will be reissued to correctly reflect the action of this Court pursuant to its opinion delivered September 29, 1976 . . ."); see also Tex. R. App. P. 19.3(b) (providing that after appellate court's plenary power expires, court may "issue and recall its mandate as these rules provide").
It is so ORDERED.