Opinion
05-23-00938-CV 05-23-01160-CV
12-08-2023
JRMAR "JJ" JEFFERSON AND LAMAR "YAKA" JEFFERSON, Appellants v. ERIC JOHNSON AND ADAM BAZALDUA, Appellees
On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-07425
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
In appellate cause number 05-23-00938-CV, appellants appeal from the trial court's September 12, 2023 interlocutory order granting appellee Adam Bazaldua's plea to the jurisdiction. In appellate cause number 05-23-01160-CV, appellant Jrmar "JJ" Jefferson appeals from the trial court's September 28, 2023 order granting appellee Eric Johnson's plea to the jurisdiction. Because the September 28th order states that the case is dismissed with prejudice, it constitutes a final judgment and the September 12th interlocutory order merged into the final judgment. See Bonsmara Nat. Beef Co., LLC v. Hart of Texas Cattle Feeders, LLC, 603 S.W.3d 385, 390 (Tex. 2020) (when trial court renders final judgment, interlocutory orders merge into the judgment and may be challenged by appealing that judgment).
Before the Court is appellants' November 22, 2023 motion to consolidate the two appeals. Because the interlocutory order has merged into the final judgment, we GRANT the motion. We DIRECT the Clerk of this Court to transfer the clerk's record and all other documents filed in appellate cause number 05-23-01160-CV into appellate cause number 05-23-00938-CV. Henceforth, all documents shall be filed in appellate cause number 05-23-00938-CV.
By order dated November 29, 2023, we struck appellant Lamar Jefferson's brief and ordered him to file a brief that complies with the briefing rules no later than December 11, 2023. We reset that deadline to January 5, 2024.
The reporter's record of the hearing held on appellee Eric Johnson's plea to the jurisdiction is due January 26, 2024. Appellant Jrmar Jefferson's opening brief will be due within thirty days after the reporter's record is filed.
Also before the Court is appellee Eric Johnson's motion to dismiss the appeal of the interlocutory orders for want of jurisdiction. Having determined that a final judgment has now been rendered, we DENY the motion.
We DIRECT the Clerk of this Court to send a copy of this order to Official Court Reporter Terri Etekochay and all parties.