Jeff Fisher, Individually and Derivatively Through Blavesco Limited, Independence Construction & Finance Co., 1776 American Properties IV, L.L.C., 1776 American Proteries V, L.L.C., 1776 American Properties VI, L.L.C., 1776 American Properties VII LLC v. Heather Carlie, Individually and Derivatively on Behalf of Blavesco Limited ( 2016 )


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  •                                 COURT OF APPEALS FOR THE
    FIRST DISTRICT OF TEXAS AT HOUSTON
    ORDER
    Appellate case name:       Jeff Fisher, Individually and Derivatively through Blavesco,
    Limited, Independence Construction & Financing Co., 1776
    American Properties IV, L.L.C., 1776 American Properties V,
    L.L.C., 1776 American Properties VI, L.L.C., 1776 American
    Properties VII, L.L.C., 1776 American Properties VIII, L.L.C.,
    Staunton Street Partners, L.L.C, APRF SP1-1, L.L.C.,
    Hazelwood Management Services, L.L.C., Arica Lane, L.L.C.,
    Austin Road Partners, L.L.C., Hazelwood Brownstone, L.L.C.,
    Highridge Management Services, L.L.C., High Ridge Beltway 8
    Management Services, L.L.C., Reims Holding, L.L.C., Rybar
    Holdings, L.L.C. and Worldwide Property Group, Inc. v.
    Heather Carlile, Individually and on behalf of Blavesco Limited
    Appellate case number:     01-16-00615-CV
    Trial court case number:   2016-39514
    Trial court:               11th District Court of Harris County
    Appellee, Heather Carlile, Individually and on behalf of Blavesco Limited, has filed
    an “Unopposed Motion to Appeal Further Interlocutory Order and Motion for Extension of
    Time to Supplement Appellate Record and File Brief.” Carlile requests that the Court
    review the November 16, 2016 Amended Order Granting Temporary Injunction,
    representing that it supersedes the trial court’s July 28, 2016 Order Granting Temporary
    Injunction and “is a further appealable interlocutory order concerning the same subject
    matter.” Carlile also requests an extension of time to (1) supplement the clerk’s record with
    the November 16, 2016 amended order and the reporter’s record with a reporter’s record of
    the November 16, 2016 hearing, and (2) file her appellee’s brief. Carlile requests an
    extension of five days after the filing of the supplemental clerk’s record and reporter’s
    record.
    The motion is granted in part and dismissed in part. Carlile’s request “to have the
    Court review the Amended Order as part of this appeal” is granted. See TEX. R. APP. P.
    27.3, 29.6; Tanguy v. Laux, 
    259 S.W.3d 851
    , 855 (Tex. App.—Houston [1st Dist.] 2008, no
    pet.) (citations omitted). Carlile’s motion indicates that she has requested that the district
    clerk prepare and file a supplemental clerk’s record and the court reporter prepare and file a
    supplemental reporter’s record. Accordingly, Carlile’s request for an extension of time to
    supplement the clerk’s record and reporter’s record is dismissed as moot. See TEX. R. APP.
    P. 34.5(c)(1), (3), 34.6(d); cf. TEX. R. APP. P. 34.5(b)(1), 34.6(b)(3). Finally, Carlile filed
    her “Brief of Appellee” on November 23, 2016. Her request for an extension of time to file
    her appellee’s brief, therefore, is dismissed as moot.
    It is so ORDERED.
    Judge’s signature: /s/ Russell Lloyd
     Acting individually
    Date: December 1, 2016
    

Document Info

Docket Number: 01-16-00615-CV

Filed Date: 12/1/2016

Precedential Status: Precedential

Modified Date: 12/2/2016