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

• Court: Court of Appeals of Texas
• Decided: October 3, 2022
• Docket: 05-22-00835-CV
• Status: Published

Opinion

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