Opinion
No. 05-19-00607-CV
10-17-2019
On Appeal from the 191st Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-18-05278
ORDER
Before Chief Justice Burns, Justice Molberg, and Justice Nowell
By order dated December 11, 2018, the trial court declared appellant a vexatious litigant, required him to post bond in the amount of $422,064.00 as security to continue the suit, and required him to obtain permission from the appropriate local administrative judge prior to filing any new suits. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 11.051, 11.055, 11.101. Appellant failed to post the bond, and the suit was dismissed. See id. § 11.056. Appellant appealed both the December order and the order of dismissal. This appeal concerns the December order. Appellate cause number 05-19-01111-CV concerns the dismissal order.
Before the Court are appellant's (1) second motion for rehearing of our September 11, 2019 order denying his opposed first amended motion for emergency temporary orders and (2) opposed motion to consolidate the two appeals. We DENY the motion for rehearing. Because the two appeals stem from the same underlying cause, we GRANT the motion to consolidate and CONSOLIDATE appellate cause number 05-19-01111-CV into this appeal. We DIRECT the Clerk of the Court to transfer all documents from appellate cause number 05-19-01111-CV into this appeal. For administrative purposes, appellate cause number 05-19-01111-CV is treated as a closed case. The parties shall now use only cause number 05-19-00607-CV when referencing the appeal.
We note appellant's brief in this appeal was filed September 10, 2019 and appellee's brief was filed October 10, 2019. In light of the consolidation, appellant may file, no later than November 1, 2019, any amended brief addressing issues concerning the dismissal order and appellees may file an amended response brief no later than November 18, 2019.
/s/ KEN MOLBERG
JUSTICE