Opinion
03-23-00765-CV 03-24-00066-CV
05-09-2024
Don Batson Jr., Appellant v. The Board of Regents of The University of Texas System on behalf of MD Anderson Cancer Center and Karl Johnson, Independent Administrator, Appellees
FROM PROBATE COURT NO. 1 OF TRAVIS COUNTY NO. C-1-PB-21-001152, THE HONORABLE GUY S. HERMAN, JUDGE PRESIDING
Before Justices Baker, Triana, and Kelly
MEMORANDUM OPINION
Thomas J. Baker, Justice
On November 13, 2023, Don Batson Jr. filed a notice of appeal from the trial court's order admitting to probate the Last Will and Testament of Rose Vallette Sims Batson (Will), which was assigned to this Court under our appellate number 03-23-00765-CV. On January 25, 2024, Batson Jr. filed a notice of appeal from two trial-court orders rendered in the same underlying case after the Will was admitted to probate: the Amended Order Enforcing No Contest Clause and the Amended Order Denying Objection to Final Account, which was assigned to this Court under our appellate number 03-24-00066-CV. Both appeals relate to the estate of Rose Vallette Sims Batson and arise from the same underlying case, and both share a similar record.
Appellee the Board of Regents of the University of Texas System has filed an unopposed motion to consolidate the two appeals for judicial efficiency. The motion to consolidate is granted and the Court consolidates the two above-referenced appeals for all purposes. The issues, records, and documents filed in cause number 03-24-00066-CV are consolidated into cause number 03-23-00765-CV. The consolidated appeal shall proceed under appeal number 03-23-00765-CV, and appeal number 03-24-00066-CV is hereby dismissed. See Livingston v. Arrington, Nos. 03-11-00197-CV & 03-11-00266-CV, 2011 WL 2297705, at *1 (Tex. App.-Austin June 10, 2011, no pet.) (mem. op.). Appellate deadlines will run from the date that the record in cause number 03-23-00765-CV is complete. See Tex. R. App. P. 38.6.
03-24-00066-CV Dismissed
03-23-00765-CV Consolidated