Opinion
NO. 09-17-00168-CV NO. 09-17-00194-CV
06-29-2017
On Appeal from the County Court at Law No. 1 Jefferson County, Texas
Trial Cause No. 126,841
ORDER
On April 28, 2017, the trial court denied Sheryl Johnson-Todd's motion to dismiss pursuant to the Citizens Participation Act. Johnson-Todd filed a notice of accelerated appeal on May 18, 2017. Upon receipt of the notice of appeal, the Clerk of the Court of Appeals docketed Appeal Number 09-17-00168-CV, Sheryl Johnson-Todd v. John S. Morgan. On May 12, 2017, the trial court signed the final judgment in Trial Court Case Number 126,841. Upon receipt of a notice of appeal filed by John S. Morgan, the Clerk of the Court docketed Appeal Number 09-17-00194-CV, John S. Morgan v. Sheryl Johnson-Todd. On June 8, 2017, Morgan filed a motion to dismiss Appeal Number 09-17-00168-CV, on the ground that the interlocutory order had merged into the final judgment. We suggested consolidating the two appeals. Morgan filed an objection, but failed to articulate good cause for maintaining separate appeals.
It is, therefore, ORDERED that Appeal Number 09-17-00168-CV, Sheryl Johnson-Todd v. John S. Morgan, is consolidated into Appeal Number 09-17-00194-CV, John S. Morgan v. Sheryl Johnson-Todd. See generally Tex. R. App. P. 12.2(c) ("All notices of appeal filed in the same case must be given the same docket number."). The appeal will continue and follow the timetable for Appeal Number 09-17-00194-CV. Morgan's motion to dismiss Johnson-Todd's appeal is denied.
ORDER ENTERED June 29, 2017.
PER CURIAM Before McKeithen, C.J., Kreger and Horton, JJ.