Narrative Opinion Summary
The Court of Appeals for the Fifth District of Texas at Dallas addressed two procedural motions in the appeal involving Michel B. Moreno against Alan Halperin, serving as Trustee of the GFES Liquidation Trust. The court issued its order on September 20, 2021. The first motion, filed on September 16, 2021, sought to correct the appellate record by transferring supplemental clerk’s records from a related appellate cause number into the current appeal; this motion was unopposed and subsequently granted by the court. The second motion, also unopposed and filed on September 7, 2021, requested an extension of time for the appellant to submit a reply brief. The court granted this motion, extending the deadline to October 14, 2021. It was noted that although the motion to correct the record was submitted on behalf of both Michel B. Moreno and MOR MGH Holdings, LLC, the court recognized only Michel B. Moreno as a party to the appeal. The order was signed by Justice Ken Molberg.
Legal Issues Addressed
Correction of Appellate Recordsubscribe to see similar legal issues
Application: The Court granted the motion to correct the appellate record by transferring supplemental clerk’s records filed in a related cause number into the current appeal.
Reasoning: Firstly, the Court granted an unopposed motion submitted on September 16, 2021, to correct the record. The Clerk of the Court is instructed to transfer supplemental clerk’s records from appellate cause number 05-21-00390-CV, which were filed on July 9 and July 26, 2021, into the current appeal.
Extension of Time for Filing Briefssubscribe to see similar legal issues
Application: The Court granted an extension of time for the appellant to file a reply brief, extending the deadline to October 14, 2021.
Reasoning: Secondly, the Court granted another unopposed motion from the appellant, dated September 7, 2021, requesting an extension of time to file a reply brief. The deadline for filing the reply brief has been extended to October 14, 2021.
Recognition of Parties in Appealsubscribe to see similar legal issues
Application: The Court recognized only Michel B. Moreno as the party in the appeal, despite the motion being filed on behalf of both Michel B. Moreno and MOR MGH Holdings, LLC.
Reasoning: It is noted that the motion to correct the record was filed on behalf of both Michel B. Moreno and MOR MGH Holdings, LLC, but only Michel B. Moreno is recognized as the party in the appeal.