Summary
addressing similar consolidation and dismissal procedure for duplicate appeals
Summary of this case from Longoria v. TolbertOpinion
NO. 01-16-00321-CV
06-09-2016
RING & RING D/B/A WRIGHT'S AMUSEMENTS, Appellant v. SHARPSTOWN MALL TEXAS, LLC, Appellee
On Appeal from the 215th District Court Harris County, Texas
Trial Court Case No. 2010-71771A
MEMORANDUM OPINION
On April 1, 2016, Ring & Ring d/b/a Wright's Amusements filed a notice of appeal from a final judgment signed December 21, 2015, and the appeal was assigned to this Court and docketed under our appellate cause number 01-16-00321-CV. The same appeal was also assigned to the Fourteenth Court of Appeals and docketed under their appellate cause number 14-16-00269-CV. Because this Court has the related appeal, 01-15-00537-CV, the Fourteenth Court of Appeals transferred their appeal in cause number 14-16-00269-CV to this Court, which was then docketed as appellate cause number 01-16-00341-CV. Thus, we now have two appeals, 01-16-00321-CV and 01-16-00341-CV, which are both appeals from a final judgment signed December 21, 2015, in trial court cause number 2010-71771A, with notices of appeal filed by Ring & Ring on April 1, 2016.
Because we have determined these are duplicate appeals, we consolidate the two appeals, 01-16-00321-CV and 01-16-00341-CV. Any records and documents filed in appellate cause number 01-16-00321-CV are consolidated into appellate cause number 01-16-00341-CV. The consolidated appeal shall proceed under appellate cause number 01-16-00341-CV.
Appellate cause number 01-16-00321-CV is dismissed. See BBG Group, L.L.C. v. MBI Global, L.L.C., No. 14-12-00247-CV, 2012 WL 3241557, at *1 (Tex. App.—Houston [14th Dist.] Aug. 9, 2012, no pet.) (mem. op.) (consolidating appeals from same judgment into one appellate cause and dismissing other appellate cause); Livingston v. Arrington, No. 03-11-00197-CV, 2011 WL 2297705, at *1 (Tex. App.—Austin June 10, 2011, no pet.) (mem. op.) (same).
PER CURIAM Panel consists of Justices Keyes, Brown, and Huddle.