Opinion
No. 05-19-01445-CV No. 05-20-00164-CV No. 05-20-00488-CV
07-15-2020
MONTGOMERY J. BENNETT, Appellant v. MATTHEW ZUCKER, Appellee
On Appeal from the 330th Judicial District Court Dallas County, Texas
Trial Court Cause Nos. DF-19-17721 and DF-19-12294
ORDER
These three appeals stem generally from the same underlying facts, and appellate cause numbers 05-19-01445-CV and 05-20-00164-CV stem from the same underlying cause. Appellant has not filed his opening brief in any of these appeals. In fact, a determination of our jurisdiction over appellate cause number 05-19-01445-CV, an appeal from a docket sheet entry affirming the associate judge's order granting appellee's plea to the jurisdiction, is pending; and, the brief deadline in appellate cause number 05-20-00164-CV, an appeal from a sanctions order, has been suspended pending that determination. See Bailey-Mason v. Mason, 122 S.W.3d 894, 897 (Tex. App.—Dallas 2003, pet. denied) ("[D]ocket sheet entries alone are insufficient to constitute a judgment or decree of the court.").
By motion filed July 1, 2020, appellant seeks to consolidate the three appeals. Appellee does not oppose consolidation of appellate cause numbers 05-19-01445-CV and 05-20-00164-CV, but opposes their consolidation with appellate cause number 05-20-00488-CV. Both parties agree that consolidation of appellate cause numbers 05-19-01445-CV and 05-20-00164-CV would moot the pending jurisdictional issue as the sanctions order in appellate cause number 05-20-00164-CV contains finality language. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001).
We GRANT the motion to the extent that we CONSOLIDATE appellate cause number 05-20-00164-CV into appellate cause number 05-19-01445-CV. All documents from appellate cause number 05-20-00164-CV shall be transferred into appellate cause number 05-19-01445-CV. For administrative purposes, appellate cause number 05-20-00164-CV is treated as a closed case.
Appellate cause number 05-20-00488-CV shall proceed as a companion case to appellate cause number 05-19-01445-CV, shall follow the same briefing schedule, and shall be submitted concurrently with appellate cause number 05-19-01445-CV.
As it appears we have jurisdiction over appellate cause number 05-19-01445-CV, we ORDER appellant to file his briefs in that appeal and appellate cause number 05-20-00488-CV no later than August 14, 2020.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE