Opinion
01-23-00383-CV
06-13-2023
Delirium TV, LLC and Kinetic Content, LLC v. Tran Dang
11th District Court of Harris County Trial court case number: 2022-50674
ORDER
Amparo Guerra J.
Appellee, Tran Dang, filed the underlying litigation, assigned case number 2022-50674 in the 11th District Court of Harris County, Texas, asserting causes of action against, among others, appellants Delirium TV, LLC and Kinetic Content, LLC.
On May 23, 2023, Delirium filed a "Notice of Accelerated Appeal" from the trial court's May 10, 2023 order denying Delirium's motion to compel arbitration. Delirium's notice of appeal was assigned appellate case number 01-23-00383-CV by the Clerk of this Court.
Separately, on May 24, 2023, Kinetic filed a "Notice of Accelerated Appeal" from the trial court's May 10, 2023 order denying Kinetic's motion to dismiss pursuant to Chapter 27 of the Civil Practice and Remedies Code. Then, on May 26, 2023, Kinetic filed a second notice of appeal from the trial court's May 10, 2023 order denying Kinetic's special appearance.
Because they arose out of the same trial court case number, both Kinetic's May 24, 2023 notice of appeal and Kinetic's May 26, 2023 notice of appeal were docketed by the Clerk of this Court in appellate case number 01-23-00383-CV, the same appellate case number as assigned to Delirium's May 23, 2023 notice of appeal. See Tex. R. App. P. 12.2(c) ("All notices of appeal filed in the same case must be given the same docket number.").
However, appellants have jointly filed a "Motion to Separate Their Three Separate Interlocutory Appeals." In their motion, appellants "request that each of [their] separate interlocutory appeals be separated and assigned separate appellate [case] numbers supported by separate appellate records." The basis of appellants' request is that each appeal "concerns a separate appealable interlocutory order . . . [and] [t]he Court's jurisdiction to consider each interlocutory order is granted by a separate statutory provision."
Appellants state that "[b]y combining the appeals of separate interlocutory orders involving separate parties on appeal, both Delirium and Kinetic lose rights granted to [them] by the Texas Rules of Appellate Procedure and the Texas Civil Practice[] and Remedies Code." Appellants argue that the three appeals are "unrelated," and that the parties would be "prejudice[d]" by requiring that each appeal be briefed in a single appellate case number.
Appellants' motion also states that "Kinetic agrees to pay separate appellate filing fees for each of its appeals immediately upon separation."
Appellants' motion is granted. The Clerk of the Court is directed to open a new appellate case number for each of Kinetic's May 24, 2023 and May 26, 2023 notices of appeal, each styled Kinetic Connect, LLC v. Tran Dang.
Kinetic's May 24, 2023 notice of appeal is assigned appellate case number 01 -23-00443-CV. The Clerk is further directed to transfer Kinetic's May 24, 2023 notice of appeal, and any relevant records, into appellate case number 01-23-00443-CV. The trial court clerk is further directed to file the appellate record related to Kinetic's May 24, 2023 notice of appeal in appellate case number 01-23-00443-CV. The appellate record related to Kinetic's May 24, 2023 notice of appeal is due within ten days of Kinetic's May 24, 2023 notice of appeal. See Tex. R. App. P. 35.1(b).
Kinetic's May 26, 2023 notice of appeal is assigned appellate case number 01-23-00444-CV. The Clerk is further directed to transfer Kinetic's May 26, 2023 notice of appeal, and any relevant records, into appellate case number 01-23-00444-CV. The trial court clerk is further directed to file the appellate record related to Kinetic's May 26, 2023 notice of appeal in appellate case number 01-23-00444-CV. The appellate record related to Kinetic's May 26, 2023 notice of appeal is due within ten days of Kinetic's May 26, 2023 notice of appeal. See Tex. R. App. P. 35.1(b).
Delirium's May 23, 2023 notice of appeal will remain in the existing appellate case number, 01-23-00383-CV, styled Delirium TV, LLC v. Tran Dang. The appellate record is due within ten days of Delirium's May 23, 2023 notice of appeal. See Tex. R. App. P. 35.1(b).
It is so ORDERED.