Opinion
05-22-00927-CV
11-03-2022
CITY OF DALLAS, ET AL., Appellants v. GADBERRY CONSTRUCTION COMPANY, INC., Appellee
On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC -22-04882
ORDER
BILL PEDERSEN, III JUSTICE
This accelerated appeal, from the trial court's order partially denying appellants' plea to the jurisdiction based on sovereign immunity, stems from the same underlying cause as cause number 05-22-00665-CV, an accelerated appeal from the trial court's temporary injunction. In the latter appeal, appellants' opening brief and appellee's response brief have been filed, and appellant's reply brief is due November 14, 2022. In this appeal, appellants have filed their brief and appellee's brief is currently due.
Before the Court is appellee's November 2, 2022 unopposed motion to consolidate the two appeals. Appellee asserts that "the injunction and the existence of a waiver of sovereign immunity are . . . intertwined" and "were briefed" in cause number 05-22-00665-CV. Appellee further asserts that the "interests of justice require that the same panel hear both appeals together to prevent the potential for contradictory resolutions." Appellee requests, if the appeals are consolidated, that its brief in cause number 05-22-00665-CV be deemed "as sufficient to respond to [this] appeal."
We GRANT the motion and CONSOLIDATE this appeal into cause number 05-22-00665-CV. We DIRECT the Clerk of the Court to transfer all documents from this appeal into cause number 05-22-00665-CV. Subject to any motion for leave to file sur-reply brief or any additional briefing requests by the Court, appellee's briefing is deemed complete. Appellants' reply brief remains due November 14.
For administrative purposes, this appeal is treated as a closed case.