Opinion
No. 05-20-00493-CV
05-07-2020
BRETT HERON, DENISE HERON, KYLE B. HERON, OLD SPANISH OAKS, LLC, DMDCARE, INC., AND BLUE HERON PROPERTIES, LLC, Appellants v. GENERAL SUPPLY & SERVICES, INC. D/B/A GEXPRO, Appellee
On Appeal from the 298th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-14-00040
ORDER
By notice of appeal filed April 24, 2020, appellants challenge the trial court's April 9, 2020 amended omnibus order. The order is interlocutory, granting summary judgment on certain affirmative defenses to appellee's claims, and would not be appealable but for the trial court authorizing an immediate appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d); TEX. R. CIV. P. 168.
An interlocutory order the trial court has allowed to be appealed is appealed by filing a petition for permissive appeal instead of a traditional notice of appeal. See TEX. R. APP. P. 28.3(a). A review of this Court's records reflect appellants have filed a petition for permissive appeal and it has been docketed appellate cause number 05-20-00491-CV. Accordingly, on the Court's own motion, we CONSOLIDATE this appeal into cause number 05-20-00491-CV. All documents from this appeal, including this order, shall be transferred into cause number 05-20-00491-CV. For administrative purposes, this appeal is treated as a closed case and the pending deadline for the filing of the reporter's record is removed. The parties shall now use only cause number 05-20-00491-CV when referencing the appeal.
The petition for permissive appeal remains pending.
We DIRECT the Clerk of the Court to send a copy of this order to Dallas County District Clerk Felicia Pitre; Marcey J. Poeckes, Official Court Reporter for the 298th Judicial District Court; and, the parties.
/s/ BILL WHITEHILL
JUSTICE