Opinion
05-24-00802-CV 05-24-01229-CV
11-08-2024
ERIKA IRVINE, AS CO-TRUSTEE OF THE MFC RESIDENCE TRUST, Appellant v. ADRIENNE HENNESSEY DESIGN AND DEVELOPMENT LLC, AND ADRIENNE HENNESSEY, INDIVIDUALLY, Appellees and IN RE DOUGLAS WADE CARVELL, AS CO-TRUSTEE OF THE MFC RESIDENCE TRUST, Relator
On Appeal and Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-12563
Before Justices Partida-Kipness, Nowell, and Miskel
ORDER
EMILY MISKEL JUSTICE
Before the Court is relator's October 18, 2024 petition for writ of mandamus.
Relator's petition challenges the trial court's July 16, 2024 Amended Final Judgment as void for having been issued after the trial court's plenary power expired. This issue was also raised in Cause No. 05-24-00802-CV, wherein relator, as appellant, is seeking similar relief from the Amended Final Judgment entered in the underlying suit. We conclude these proceedings should be decided together.
Accordingly, on our own motion, we ORDER cause number 05-24-01229-CV CONSOLIDATED into cause number 05-24-00802-CV. We DIRECT the Clerk of this Court to remove all documents from cause number 05-24-01229-CV and refile them in cause number 05-24-00802-CV and to treat cause number 05-24-01229-CV as a closed case. We ORDER that all future filings bear only cause number 05-24-00802-CV. Any current deadlines in cause number 05-24-00802-CV remain in place.
We REQUEST A RESPONSE to the petition for writ of mandamus, if any, from real parties in interest and respondent on or before the appellees' brief deadline in cause number 05-24-00802-CV. Real parties may include the response within the appellees' brief or file the response as a separate brief in accordance with Texas Rule of Appellate Procedure 52.4. See TEX. R. APP. P. 52.4. Pursuant to this consolidation order, the response should be filed in cause number 05-24-00802-CV.
Also before the Court is relator's October 24, 2024 motion to substitute Erika Irvine, Co-Trustee of the MFC Residence Trust, in place of Douglas Wade Carvell, Co-Trustee of the MFC Residence Trust, as relator. We GRANT the motion and ORDER the Clerk of the Court to REMOVE Douglas Wade Carvell as relator and REPLACE him with Erika Irvine. See TEX. R. APP. P. 7.1(b).
We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Veretta Lynn Frazier and all parties.