Tts, Llc v. Positive Transportation LLC, Thomas Whaley and Thomas Hatton, Jr., EmergeTech, LLC ( 2022 )

Order entered October 3, 2022 In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00729-CV POSITIVE TRANSPORTATION LLC, THOMAS WHALEY AND THOMAS HATTON, JR., Appellants V. TTS, LLC, Appellee On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-09409 ORDER Before Justices Carlyle, Smith, and Garcia On August 26, 2022, we affirmed by memorandum opinion the trial court’s second amended temporary injunction. The trial court’s second amended temporary injunction, however, is also the subject of appellate cause number 05- 22-00835-CV, filed by the appellee in this appeal, TTS, LLC, on August 22, 2022. Accordingly, on the Court’s own motion, we VACATE our opinion and judgment of August 26, 2022, REINSTATE the appeal, and CONSOLIDATE cause number 05-22-00835-CV into this cause. We DIRECT the Clerk of the Court to transfer all documents from cause number 05-22-00835-CV into this cause and to treat TTS’s notice of appeal in that cause as a notice of cross-appeal in this cause. For administrative purposes, cause number 05-22-00835-CV is treated as a closed case. Supplemental briefing SHALL BE limited to the cross-appeal with TTS’s cross-appellant’s brief filed no later than October 24, 2022, Positive Transportation LLC, Thomas Whaley and Thomas Hatton, Jr’s cross-appellees’ brief filed no later than November 14, 2022, and any cross-appellant’s reply brief filed no later than December 5, 2022. No other briefing shall be filed unless ordered by the Court. We DENY the September 26, 2022 motion for rehearing as moot. /s/ CORY L. CARLYLE JUSTICE