Opinion
No. 05-16-00673-CV No. 05-16-00865-CV
07-29-2016
IN RE MARY BARTON, Relator IN THE ESTATE OF ROBERTA A. PAYNE, DECEASED
Original Proceeding and Direct Appeal from the County Court at Law No. 2 Kaufman County, Texas
Trial Court Cause No. 12P-033-2
ORDER
Before Justices Bridges, Myers, and Schenck
Cause number 05-16-00673-CV is an original proceeding in which Relator Mary Barton seeks review of an order setting supersedeas bond in relation to an April 22, 2016 judgment. Ms. Barton asks the Court to direct the trial court to vacate the bond order. She seeks this relief through mandamus and, alternatively, as a Rule 24.4 review of the supersedeas bond. This Court has no authority to review a matter concerning a supersedeas bond until our jurisdiction is properly invoked by the filing of a notice of appeal of the final judgment. Transcon. Realty Inv'rs, Inc. v. Orix Capital Markets LLC, 470 S.W.3d 844, 848 (Tex. App.—Dallas 2015, no pet.).
Ms. Barton has now filed a notice of appeal seeking review of the April 22, 2016 judgment, which has been docketed as cause number 05-16-00865-CV. Ms. Barton contends, however, that the April 22 judgment is not a final judgment, and has filed a motion for expedited jurisdictional determination in the direct appeal.
The jurisdictional determination will impact the Court's decision in the original proceeding and should be determined with the jurisdictional question. We, therefore, order cause number 05-16-00673-CV CONSOLIDATED into cause number 05-16-00865-CV. We DIRECT the Clerk of Court to remove all documents from cause number 05-16-00673-CV and refile them in cause number 05-16-00865-CV and to treat cause number 05-16-00673-CV as a closed case. We ORDER that all future pleadings be filed in and bear only cause number 05-16-00865-CV and be styled In the Estate of Roberta A. Payne, Deceased.
We DEFER review of the motion for expedited jurisdictional determination until a Clerk's Record has been filed.
/s/ David J. Schenck
DAVID J. SCHENCK
JUSTICE