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Gruss v. Gallagher

State of Texas in the Fourteenth Court of Appeals
May 20, 2021
NO. 14-21-00178-CV (Tex. App. May. 20, 2021)

Opinion

NO. 14-21-00178-CVNO. 14-21-00179-CVNO. 14-21-00180-CV

05-20-2021

SHAWN DEANE GRUSS, AS INDEPENDENT EXECUTOR OF THE ESTATE OF MAURITA J. GALLAGHER; AND NUCLEAR SOURCES AND SERVICES, INC., Appellants v. GARY W. GALLAGHER, DANIELLE KEOGH, AND BRENT R. CALDWELL, AS TRUSTEES OF NSSI ACQUISITION TRUST; DANIEL WEBSTER KEOGH; DIVERSIFIED MANAGEMENT SERVICES, LLC; AND NSSIDMS HOUSTON, LLC; Appellees


On Appeal from Probate Court No. 3 Harris County, Texas
Trial Court Cause Nos. 442,656; 442,656-401; and 442,656-402

ORDER

Appellants have filed a motion to consolidate (1) appeal number 14-21-00178-CV; trial court cause number 442,656; (2) appeal number 14-21-00179-CV; trial court cause number 442,656-401; and (3) appeal number 14-21-00180-CV; trial court cause number 442,656-402. No response was filed.

The record reflects the trial court signed a single judgment for all three trial court cause numbers on March 24, 2021. When multiple notices of appeal from the same judgment or order have been filed by adverse parties, the court encourages the parties to consider requesting consolidation of those appeals. Accordingly, the motion to consolidate is granted.

Because "consolidation" is a formal procedure under the Texas Rules of Civil Procedure, see Tex. R. Civ. P. 174, but not under the Texas Rules of Appellate Procedure:

1. Each appeal will remain open.

2. Any document meant to be filed in all three appeals must bear all three appeal numbers.

3. Regardless of whether a document applies to one or both appeals, any document filed is subject to Texas Rule of Appellate Procedure 9.4.

4. Each appeal will be submitted to the same panel.

5. The issuance date of the judgment(s) shall control all further deadlines in each appeal, including due dates for post-judgment motions and remittitur, expiration of plenary power, and issuance of the mandate.

PER CURIAM Panel Consists of Chief Justice Christopher and Justices Zimmerer and Hassan.


Summaries of

Gruss v. Gallagher

State of Texas in the Fourteenth Court of Appeals
May 20, 2021
NO. 14-21-00178-CV (Tex. App. May. 20, 2021)
Case details for

Gruss v. Gallagher

Case Details

Full title:SHAWN DEANE GRUSS, AS INDEPENDENT EXECUTOR OF THE ESTATE OF MAURITA J…

Court:State of Texas in the Fourteenth Court of Appeals

Date published: May 20, 2021

Citations

NO. 14-21-00178-CV (Tex. App. May. 20, 2021)