Opinion
No. 05-19-01443-CV
06-29-2020
BABY DOLLS TOPLESS SALOONS, INC. AND BURCH MANAGEMENT COMPANY, INC., Appellants v. GILBERT SOTERO, AS THE REPRESENTATIVE OF THE ESTATE OF STEPHANIE SOTERO HERNANDEZ, EDUVIGES CHAPA III AS NEXT FRIEND OF A.C.C., A MINOR, AND IVAN HERNANDEZ, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF STEPHANIE SOTERO HERNANDEZ, Appellees
On Appeal from the 101st Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-19-00644
ORDER
Before Justices Whitehill, Osborne, and Carlyle
Before the court is appellants' June 17, 2020 "Motion to Review Further Orders." See TEX. R. APP. P. 29.6. Appellants ask this court to consolidate this appeal with appellate cause number 05-20-00532-CV, BDS Restaurant, Inc. and TTNA, Inc. v. Gilbert Sotero, as the Representative of the Estate of Stephanie Sotero Hernandez, Eduviges Chapa III as Next Friend of A.C.C., A Minor, and Ivan Hernandez, Individually and as Representative of the Estate of Stephanie Sotero Hernandez, "and consider together without further briefing the two interlocutory appeals."
Appellants contend that shortly after they filed this interlocutory appeal of the trial court's denial of their motion to compel arbitration, BDS Restaurant, Inc. and TTNA, Inc. became parties in the case and "moved to compel arbitration in the trial court based on the same arbitration agreement and the same arguments and authorities that Appellants had moved on previously," which resulted in "an order denying this second motion to compel." Appellants contend that "because the two trial court orders denying the respective motions to compel are interlocutory and concern the same subject matter, this court has the discretion to review both orders together" and further briefing is "unnecessary." Appellants' counsel asserts (1) BDS Restaurant, Inc. and TTNA, Inc. "consent to the relief requested"; (2) counsel for appellee Ivan Hernandez does not oppose this relief; and (3) multiple attempts were made to confer with counsel for the remaining appellees but no response was received.
We GRANT appellants' June 17, 2020 "Motion to Review Further Orders" and ORDER that appellate cause number 05-20-00532-CV be consolidated into appellate cause number 05-19-01443-CV, without further briefing. We DIRECT the Clerk of the Court to transfer all documents in cause number 05-20-00532-CV into cause number 05-19-01443-CV. All future filings shall use only appellate cause number 05-19-01443-CV.
/s/ BILL WHITEHILL
PRESIDING JUSTICE